The petitioner has filed this Writ Petition challenging Ext.P3 proceedings of the 2nd respondent rejecting his application for permission to construct a residential building in his property. His application has been rejected on the ground that as per the Development Plan of the Municipality, there is a proposal for road widening through the petitioner's property and therefore no permission could be granted to construct a residential building over the same. 2. According to the learned counsel for the petitioner, the ground on which Ext.P3 has been issued is unsustainable. It is contended that, there has been no land acquisition proceedings initiated pursuant to the Development Plan that is said to be applicable to the Municipality. In the light of the law laid down by the apex court, rejection of the petitioner's request on the said ground is therefore unsustainable. Therefore, he seeks the issue of appropriate orders setting aside Ext.P3.
WPC 20254/2014 2
3. Advocate I.V.Pramod appears for respondents 1to 3.
The Govt. Pleader appears for respondents 4 and 5. It is not in dispute that though the Development Plan has been in existence for quite some time, no proceedings for acquisition of land have been initiated in implementation of the said plan.
4. Having considered the rival contentions of the contesting parties, it has to be held that Ext.P3 is unsustainable in view of the dictum laid down by the apex court in Raju S.Jethmalani and others v. State of Maharashtra and others [(2005) 11 SCC 222]. The petitioner cannot be prevented from putting his property to any use on the ground that there is a Development Plan in existence which has not been implemented for a long time. For the above reason, Ext.P3 is set aside.
This Writ Petition is accordingly disposed of directing the 2nd respondent to consider the application submitted by the petitioner afresh, after conducting an inspection of the petitioner's land to verify whether the land is a paddy field and thereafter, to pass appropriate orders on his application in accordance with law. Appropriate orders as indicated above shall be passed, as expeditiously as possible and at any rate WPC 20254/2014 3 within a period of one month of the date of receipt of a copy of this judgment.
Sd/-
K. SURENDRA MOHAN Judge jj /True copy/