V NAGAMANI Vs. DIRECTOR OF TOWN AND COUNTRY

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioners are the owners of the land ad-measuring, an extent of 0.41 acres comprised in Survey No.R.S.No.66/5A2B, 66/5A2A & 66/4, Bye-Pass Road, Madurai, and they wanted to construct a building in that land. THE petitioners submitted a plan for the construction of a hospital building, the 2nd respondent without approving the plan submitted by the petitioners returned the same on 02.06.2009 on the ground that lands for which the approval is sought for comes within the ambit Ponmeni DD Plan No.III AA Scheme Road and the same has not been removed by the Town & Country Plan Authority and therefore, approval cannot be granted.

(3.) IT is further submitted by the learned counsel appearing for the petitioners that after the publication in the District Gazette and the local newspaper, the Authority must invite objections and suggestions, in writing, from any person in respect of the said plan, within the period specified in the notice and after the expiry of the period given in that notification, the Local Planning Authority shall allow a reasonable opportunity of being heard to any person and shall submit the plan with or without modification to the Government as per the Section 26 of the said Act. Thereafter the Government may approve the plan with such modification has deemed it as per Section 28 of the Act.