Pre-2011 edu institute bldgs don’t need fresh nod, rules HC
Court Quashes GO, Says They Comply With Earlier Rules
TIMES NEWS NETWORK
Chennai:06.01.2019
Buildings constructed by educational institutions prior to amendments in Town and Country Planning Act in 2011 need not get fresh approval from the authority as the Madras high court has set aside a GO, mandating such approval by paying ₹7.50 per sqft.
Justice T Raja passed the order while noting that the government could not compel such institutions to get fresh approval when they had been constructed as per the rules that prevailed before the amendment was brought in. The court passed the order while allowing a batch of pleas moved by Tamil Nadu Catholic Educational Association and others, challenging the order dated June 14, 2018.
According to the petitioners, some of their institutions are in existence and were working for the last 300 years within the limits of various local bodies and corporations in the state. They have constructed many buildings since then with proper prior approval as per the rules prevailing then. Meanwhile, the Town and Country Planning Act came into force from November 24, 1972. As per section 47 of the Act, except in the areas planned for development under the Act, construction can be carried out in other areas with the local body’s approval.
Subsequently, in 2011 an amendment was made to the Act inserting Section 47A. As per the new provision, it was the duty of the local authority granting permission to any development in the nonplan area to obtain prior concurrence of the director of the Town Planning Authority. As a result, the approval for the buildings even in nonplan area are subjected to the permission of the Town Planning Authority.
Under the amendment the government passed the order mandating all the educational institutions to get fresh approval from the Town Planning Authority for buildings built before 2011 by paying ₹7.50 per sqft of the plinth area. Aggrieved, they approached the high court.
The court noted that the government could not compel such institutions to get fresh approval when they had been constructed as per the rules that prevailed before the 2011 amendment was brought in
Court Quashes GO, Says They Comply With Earlier Rules
TIMES NEWS NETWORK
Chennai:06.01.2019
Buildings constructed by educational institutions prior to amendments in Town and Country Planning Act in 2011 need not get fresh approval from the authority as the Madras high court has set aside a GO, mandating such approval by paying ₹7.50 per sqft.
Justice T Raja passed the order while noting that the government could not compel such institutions to get fresh approval when they had been constructed as per the rules that prevailed before the amendment was brought in. The court passed the order while allowing a batch of pleas moved by Tamil Nadu Catholic Educational Association and others, challenging the order dated June 14, 2018.
According to the petitioners, some of their institutions are in existence and were working for the last 300 years within the limits of various local bodies and corporations in the state. They have constructed many buildings since then with proper prior approval as per the rules prevailing then. Meanwhile, the Town and Country Planning Act came into force from November 24, 1972. As per section 47 of the Act, except in the areas planned for development under the Act, construction can be carried out in other areas with the local body’s approval.
Subsequently, in 2011 an amendment was made to the Act inserting Section 47A. As per the new provision, it was the duty of the local authority granting permission to any development in the nonplan area to obtain prior concurrence of the director of the Town Planning Authority. As a result, the approval for the buildings even in nonplan area are subjected to the permission of the Town Planning Authority.
Under the amendment the government passed the order mandating all the educational institutions to get fresh approval from the Town Planning Authority for buildings built before 2011 by paying ₹7.50 per sqft of the plinth area. Aggrieved, they approached the high court.
The court noted that the government could not compel such institutions to get fresh approval when they had been constructed as per the rules that prevailed before the 2011 amendment was brought in
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