The law in this behalf is explicit. Right of a person to construct residential houses in the residential area is a valuable right. The said right can only be regulated in terms of a regulatory statute but unless there exists a clear provision the same cannot be taken away. It is also a trite law that the building plans are required to be dealt with in terms of the existing law. Determination of such a question cannot be postponed far less taken away. Doctrine of Legitimate Expectation in a case of this nature would have a role to play.
Rights of parties cannot be intermeddled so long as an appropriate amendment in legislation is not brought into force - Right of a person to construct residential houses in residential area is a valuable right and unless there exists a clear provision the same can not be taken away
A statutory authority must exercise its jurisdiction within a reasonable time
Supreme Court of India
T. Vijayalakshmi & Ors vs Town Planning Member & Anr on 19 October, 2006
Bench: S.B. Sinha, Dalveer Bhandari
Citation;(2006)8 SCC502,AIR2007SC25,
Print Page
