CHENNAI: The Madras High Court has observed that the rules governing sanction of building permission should not be interpreted in a way depriving the rights of the citizens to live with dignity in hill stations.
Justice N Sathish Kumar noted that as far as the Nilgiris is concerned, the forest cover is more than 67% and if Rule 7(2) of Tamil Nadu District Municipalities (Hill Stations) Building Rules, 1993, is interpreted to mean that there is a total prohibition of construction in the land, it will take away the right of the citizens to live with dignity and right of residence which is considered a fundamental right, besides the Constitutional right hold the property.
This rule deals with the assignment of land for agricultural or other purposes, including residential purpose, within 150m of reserve forest and wooded land or areas of special interest.
Negating the contentions of the Ooty municipality, the judge set aside the rejection order and directed the commissioner of the municipality to consider the application and grant permission if it is otherwise in order. He also directed the commissioner not to reject any such application in the future on the ground of the said rule. The petitioner, B Nagaraj, was denied permission to construct a house on his land on the ground that it fell within 150m of reserve forests.