CONSUMER ACTION GROUP Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) A. P. Shah, J. W. P. Nos. 18898 of 2000, 19998 of 2001 and 24316 of 2002 have been filed by the Consumer Action Group challenging the constitutional validity of the amended provisions of Section 113-A of the Tamil Nadu Town and country Planning Act, 1971, hereinafter be referred to as'the Act as also the application, Assessment and Collection of Regularisation Fee (Chennai metropolitan Area) Rules, 1999, hereinafter be referred to as'the Rules'.

(2.) SECTION 113-A was introduced through the Tamil Nadu town and Country Planning (Amendment) Act, 1998 (Tamil Nadu Act 58 of 1998), whereby the Government is empowered, on an application being made by the person affected, to exempt any land or building developed immediately before the date of commencement of this Amending Act, from all or any of the provisions of the act or Rules or Regulations made thereunder, by collecting regularisation fee at such rate not exceeding Rs. 2,000/- per square metre. The constitutional validity of SECTION 113-A was upheld by the Supreme Court in Consumer Action group -Vs- State O f Tamil Nadu ( (2000) 7 Scc 425) as a one-time measure. By the Tamil Nadu Town and Country Planning (Amendment)Ordinance 7 of 2000 (Tamil Nadu Act 31 of 2000), SECTION 113-A was further amended, whereby all buildings constructed on or before 31st August 2000 were made eligible to be considered for such regularisation on payment of reduced regularisation fees. Thereafter, Tamil Nadu Town and Country Planning (Amendment) Ordinance 5 of 2001 (Tamil Nadu Act 17 of 2001)was promulgated putting off the date for regularisation of the unauthorised constructions to 31st July 2001. Thereafter, the cut-off date for regularisation was again extended to 31st March 2002 by the Tamil Nadu Town and country Planning (Amendment) Act, 2002 (Tamil Nadu Act 7 of 2002 ). The validity of these amending Acts is sought to be challenged as they being ultra vires articles 14 and 21 of the Constitution of India.

(3.) SECTION 122 (2) (cc) was added to the Act to provide the procedure for the collection of regularisation fee and the prescription, calculation, assessment and collection of such fee.