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25. The learned Advocate General appearing for the 1st respondent submitted that the Building Regulation scheme was formulated by the Government for regularisation of unauthorised constructions made upto 30th June, 1998 in the areas of Municipal Corporation, Urban Development Authorities and Municipalities and issued G.O. Ms. No.419, MA, dated 30-7-1998. The Government took a decision after taking note of unauthorised constructions in Urban area without following the prescribed rules and regulations, to give a one time opportunity to the individuals lo come forward and declare voluntarily the unauthorised constructions made by them and to get them regularised by paying the penal amount. Accordingly, orders were issued in G.O. Ms. No.373, MA, dated 1-7-1998 giving several concessions thereby facilitating the individuals to get the unauthorised constructions made upto 30-6-1998 regularised by paying the penal amount prescribed therein.

39. He submits across the Bar that no action is contemplated against the old constructions made in violation of bye-laws, rules or regulations before 1-1-1985.

40. He further submits that the Building Regularisation Scheme has been adopted by the Government on rational basis exercising its powers of granting exemptions or relaxations as referred to above; as the building activities in the State has increased manifold in these days, the Government took a decision that the old buildings are exempted from the purview of this Regularisation policy and the regularisation procedure as detailed below is applicable to all unauthorised buildings constructed after 1-1-1985 and before 30-6-1998 or from the date of formation of Municipal local body Urban Development Authority or date of inclusion of a particular area in the local body whichever is the latest. Coupled with this restricting the authorities to regularise the building, which comes within the sweep of clause-11 of the G.O. Ms.No.419, MA, dated 30-7-1998 i.e. regutarisation of unauthorised construction/buildings shall not be considered in the following cases where public interest and safety are likely to be affected, viz.,--

49. It has to be seen whether the Building Regularisation Scheme issued in the impugned G.O. is based on rationals and this power of granting exemptions is not tainted with capricious exercise of authority?

50. It is stated, that in exercise of the powers vested with the Government under various Acts, the Government has been issuing orders from time to time either in individual cases or general in nature exempting various buildings or class of buildings as the case may be. These powers of exemption or relaxation are being exercised by the Government keeping in view the public interest and to avoid undue hardship to the general public.