SRIKANTH BADRUKA Vs. COMMISSIONER OOTY MUNICIPALITY

JUDGEMENT

(1.) This Appeal is directed against the Judgment and order dated 9.12.2009 in W.P.No.23660 of 2009.

(2.) The appellant is the writ petitioner. The Writ petition was filed to quash the order passed by the respondent Municipality dated 3.5.2008 and for a direction to the respondent to sanction the approval for construction of building in the land at Survey No.4477, belonging to the appellant situated at Ooty.

(3.) The case of the appellant is that his father purchased the land in question by a registered sale deed dated 16.5.2007 and even prior to the purchase, the respondent by proceedings dated 14.5.2007, gave a no objection certificate for registration of the sale deed. According to the appellant, the area in which the land is situated has been classified in the Master Plan for Udhagamandalam as "wooded area" and in such area constructions which are permissible in the primary vegetative zone could be made and therefore, the appellant submitted an application for sanction of building plan. This application was rejected by an order dated 3.5.2008 by placing reliance of Rule 7(2) of Tamil Nadu District Municiplaities (Hill Station) Building Rules 1993 (hereinafter referred to as 'the Rules'). It is further contended that the respondent granted permission for construction in the adjacent plot and therefore the order of rejection of the appellant's application is erroneous.