ABDUL GAFOOR Vs. COMMISSIONER

JUDGEMENT

(1.) Petitioner is a licensee of a retail petrol outlet of Hindustan Petroleum Corporation Ltd., Bangalore. The outlet was situated in R. S. 230/8A of Badagara Village. A portion of the land was acquired under the Land Acquisition Act for Badagara By pass Road, with the result, that the retail outlet building was directed to be shifted to a little backwards. The Assistant Executive Engineer, National Highway, Calicut granted permission to the petitioner to shift the petrol outlet office building to the rear side of the plot. Petitioner submitted an application to the Badagara Municipality to issue a building permit for the construction of office building of the petrol outlet. The permission was sought after demolishing the existing building pursuant to the acquisition and also the direction of the National Highway authorities. The National Highway Division accorded sanction for shifting the office building to the site where the construction was to take place. The plan was also approved by the National Highway Department. The application filed under S.239 of the Municipalities Act was registered by the Municipality. He was informed that his application has been forwarded to the Town Planning Section of the Municipality. Under S.241 of the Act, -

(2.) The respondent Commissioner of Badagara Municipality has not filed any counter. Learned counsel appearing for the petitioner submitted that when an application is made to the Commissioner for getting permission to start construction and if permission is not granted within a reasonable time, it has to be presumed or found that permission has been granted as under S.233 of the Act.

(3.) Admittedly, the application was filed in 1992. He has effected construction only in 1993. Therefore, it has to be presumed that permission has been granted and as such Ext. P3 notice is not legal. Hence it is liable to be quashed.