- (1.) These writ appeals are filed by the District Collector/Chairman; Member Secretary, Madurai Local Planning Authority; and Director of Town and Country Planning, challenging the common order dated 2.11.2012 passed by the learned single Judge in W.P.(MD)Nos.11295, 9362, 9853, 9946, 9947, 9964, 9965, 9966, 10018, 10217, 10303, 10566, 10744, 10794, 11117, 11467, 11574, 11641, 11702, 12069 of 2012 respectively (reported in 2013 (2) CTC 180).
(2.) The first respondent in these writ appeals have applied for planning permission for construction of respective building and the second respondent/Madurai Corporation granted such permission. All such buildings were granted planning permission prior to July, 2010. According to the first respondents, such planning permissions were granted in terms of the delegated power conferred by the District Collector/Chairman, Local Planning Authority through his proceedings dated 30.12.1993 to the Commissioner of Madurai Corporation, pursuant to the direction issued by the Director of Town and Country Planning in exercise of powers conferred under Section 91-A(1) of the Town and Country Planning Act, 1971. A clarification Letter was issued on 3.8.2010 based on the circular issued by the Director of Town and Country Planning on 14.10.2010. By virtue of the said circular, the planning/building permission can be given only by the District Collector/Chairman, Local Planning Authority and not by the Commissioner of Madurai Corporation after 14.10.2010.
(3.) After the said circular dated 14.10.2010 was issued and in some cases even before the circular was issued, notices were issued to the building owners to get planning permission from the District Collector/Chairman, Local Planning Authority, for the buildings which were already granted planning permission by the Commissioner of Madurai Corporation and in some cases lock and seal notices were issued. The notices/lock and seal orders were challenged before the learned single Judge, who gave a finding that the notices/orders passed to lock and seal the premises are not valid and granted liberty to the appellants herein to proceed against such of those buildings, which were constructed in violation of the planning permission granted, by following the procedures prescribed by law.;