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The Consumer Action Group & Anr vs State Of Tamil Nadu & Ors.!The Consumer ... on 18 August, 2000

The Amendment Act (Tamil Nadu Amendment Act 58/98) was enacted by inserting Section 113-A and 113-B of Town Planning Act. Under Section 113-A the Government or any officer or authority authorised by the Government, by notification, may on application by order, exempt any land or building or class of lands or buildings developed on or before 28.5.2002, regularise after collecting regularisation fee at such rate not exceeding Rs. 20,000/- per square meter. By that provision only, the planning authority or the Government as the case may be, could derive a power for regularisation. The validity of of the said provision was ultimately upheld by the Supreme Court in Consumer Action Group v. State of Tamil Nadu as a one time measure. Thereafter, the Town and Country Planning (Amendment) Act (Tamil Nadu Act 17 of 2001) was enacted putting off the date for regularisation of the unauthorised construtions to 31st July, 2001 and thereafter the cut off date for regularisation was again extended to 31st March, 2002 by the Tamil Nadu Town and Country Planning (Amendment) Act, 2002 (Tamil Nadu Act 7 of 2002). The validity of the provisions were questioned in the judgment reported in 2006(4) CTC 483. The Division Bench ultimately declared the above Amendment Acts were ultra vires and further ordered that all applications for revised plan and orders passed on such applications are considered to be bad.
Supreme Court of India Cites 52 - Cited by 225 - Full Document
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