V. SIVAPPA REDDY Vs. COMMISSIONER

JUDGEMENT

(1.) Heard both sides.

(2.) According to the Petitioner, he is the absolute owner of the Property situate at Survey No.774 which was sub divided as Survey No.774/1A and was converted into house plots as per approval of the then Panchayat in Approval No.Ma.Pa.(Ve.Pa) No.75/83 Ma.Pa.No.21/83 (75/83) as per Lay-Out and also approved by the Director of Town and Country Planning, Chennai way back in 1983. Out of total extent of dry hectares 0.17.5, the Petitioner had purchased an extent of about 5760 sq.ft jointly by him and one H. Venkadesh and based on the planning permission approval granted by the then Panchayat, which has now become the Respondent Municipality the Petitioner has put up temporary structures/sheds and had rented the same to third parties for commercial activities as regular public bus stand which was sought to be renewed as well as for expansion, the area, in question, was made a temporary bus stand, however, only with temporary sheds. Thereafter, the tenants/shops are being there over a decade and many families are solely dependent on the day- today business avocation for their livelihood.

(3.) The prime plea taken on behalf of the Petitioner is that the construction was made as per the planning permission sanctioned in Na.Ka.No1302/83 dated -11-1983 as per the competent authority's description. The Government High School has sprang up fully constructed by the Government and adjoining the said school, these shops came into existence, causing hindrance or inconvenience to the school going children. While that be the factual situation, the impugned Order dtd. 12/9/2016 was passed by the Respondent/Commissioner, Hosur Municipality based on improper application of mind.