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october 2006

Supreme Court of India · 2006-10-19

T. VIJAYALAKSHMI vs TOWN PLANNING MEMBER

Citation / case number
SC 2006/5577
Court
Supreme Court of India
Petitioner
T. VIJAYALAKSHMI
Respondent
TOWN PLANNING MEMBER
Author
DALVEER BHANDARI S.B. SINHA
Bench
DALVEER BHANDARI S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the validity of the Bangalore Development Authority's rejection of the appellants' application for building plans under the Karnataka Town and Country Planning Act, specifically referencing Section 2(7). The Court held that the Authority's decision was unjustified as it failed to consider the relevant rules and the prior approval for non-agricultural use, establishing that a commencement certificate must be deemed granted if the application is not disposed of in a timely manner. The Court overturned the High Court's decision that upheld the Authority's rejection, allowing the appellants to proceed with their construction.

T. VIJAYALAKSHMI vs TOWN PLANNING MEMBER · Niyam