CHENNAI: Permission for constructing public buildings, like educational institutions, can be obtained from the executive officer of local panchayats and there is no need to approach the Town Planning Authority under Section 49 of the Town and Country Planning Act, the Madras High Court has held.
A division bench of Justices M Sathyanarayanan and
N Seshasayee, however, added that the EO, shall consult the Town and Country planning department.
“It is felt that the State legislature, in its anxiety to enact a law in terms of Article 243-G of the Constitution and in its endeavour to integrate the inputs of the Town Planning authority in the process of decision making by the sanctioning authority under Rule 25 of the Building Rules, appeared to have lost sight of the need to ensure that TCP Act and the Panchayat Building Rules, 1997, complement each other and support their harmonious mutual co-existence,” the bench said.
“A quarter of a century after the 73rd amendment to the Constitution, this court is now required to address one such conflict in this case, but there could be more. The Legislature or the government should now step in to resolve the areas of conflict in the operation of both the legislations and to address the consequences that they may throw open. However, till this is done, the vacant space left by the absence of a legislation, including a subordinate or a delegated legislation, should not let to be exploited, leaving rule of law and the substantial justice involved stranded in helplessness,” the bench added.
The bench was passing orders on PILs from TN Unaided Polytechnic Management Association of Villupuram and Tamil Nadu Nursery, Primary, Matriculation and Higher Secondary Schools Assocation challenging the constitutionality of certain provisions of TCP Act.