KONDUMURI GANIKAMMA Vs. MEMBER SECRETARY

JUDGEMENT

(1.) This case is a classic example as to how buildings are constructed in the Union Territory of Puducherry either without proper planning permission or in violation of the planning permit, and the subsequent hectic action to regularize the construction by approaching the Puducherry Town and Country Planning Board (constituted under the Chairmanship of the Minister-in-charge of Town and Country Planning Department), constituted by the Government of Puducherry as an appellate authority under Section 44(2)(B) of the Puducherry Town and Country Planning Act.

(2.) According to the petitioner, Bhoomipooja was conducted on 2 August 2010. Thereafter, application was preferred for building permit on 17 August 2010 before the Yanam Planning Authority.

(3.) While so, the Yanam Planning Authority issued a notice dated 9 August 2010 under Section 45(1) of the Town and Country Planning Act, directing the petitioner to stop the work forthwith. Thereafter, the planning authority passed an order of demolition on 23 August 2010. The order was challenged before the Puducherry Town and Country Planning Board. The appeal was rejected by order dated 4 April 2011. The said order is under challenge in this writ petition.