The petitioner has filed this Writ Petition challenging Ext.P4 proceedings of the second respondent rejecting his application for permission to construct a building in his property. The petitioner's application has been rejected on the ground that the said construction would affect the construction of Kalpathy-Melamuri Road which is proposed to be constructed as per the DTP Scheme of the Municipality 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.P4 has been issued is unsustainable. It is contended that, there has been no land acquisition proceedings initiated pursuant to the DTP Scheme that is said to be applicable to the Municipality. Nor has the same been implemented, it is contended. In the W.P.(C) No.30426 of 2014-C -:2:-
light of the law laid down by the Apex court, rejection of the petitioner's request on the said ground is unsustainable. In view of the above, he seeks the issue of appropriate orders setting aside Ext.P4.
3. Advocate T.C.Suresh Menon appears for respondents 1 and 2. It is not in dispute that though the Master Plan has been in existence for quite some time, no proceedings for acquisition of land have been initiated in implementation of the said scheme.
4. Having considered the rival contentions of the contesting parties, it has to be held that Ext.P4 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 Master Plan in existence which has not been implemented for a long time. For the above reason, Ext.P4 is set aside.
W.P.(C) No.30426 of 2014-C -:3:-
This Writ Petition is accordingly disposed of directing the second respondent to consider the application submitted by the petitioner afresh and 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 within a period of one month of the date of receipt of a copy of this judgment.
K.SURENDRA MOHAN, JUDGE kkj