Restrictions
imposed on new construction or modification of existing building as per town
planning scheme cannot be said to be violative of the citizens' constitutional
right to property, said the High Court of Kerala in a recent judgment.
The Court was considering a case
where building permit was denied for a commercial building in an area that was
specified as an industrial zone in the detailed town planning scheme. The
single judge had held that imposing restriction on the right of the land owners
to put their land to beneficial use is violative of their right to property.
The single Judge had allowed the writ petition filed by the petitioner, one
Jacob Vaidyan of Mynagappally in Kollam district by holding that categorization
of the land in question as industrial zone is arbitrary, unreasonable and hence
unenforceable.
Disagreeing with the reasoning of the Single Judge, a Division Bench of the High Court, considering an appeal filed by the Kollam Corporation held thus: "The observation of the learned single judge that putting restriction on the right of the petitioner to put their land to beneficial use is violative of their right to property, does not commend on us. The right to property under Article 300A is in no manner effected by the development plan or the scheme nor any such challenge is made in the writ petition."
The
Division Bench observed in its judgment that development plan and the scheme
regulating the use of any property can in no manner be said to be irrational or
arbitrary. Town planning, in the present day, is becoming more
and more necessary for orderly living and sanitation. Thus, regulation of
construction in a municipal area/area covered by scheme cannot be said to be
interference of any right of an owner under Article 300A, the Division Bench
said.
"We thus also do not approve the observation made by the learned single judge that the regulation of right of petitioner to beneficial use of their property is deprivation of their right. The scheme which is sanctioned under Section 12 (of Town Planning Act) or any other detailed development scheme which has a statutory flavour is binding both on the corporation as well as the petitioners who seek sanction of his building plan," said the Bench while allowing the appeal filed by the Kollam Corporation.
"We thus also do not approve the observation made by the learned single judge that the regulation of right of petitioner to beneficial use of their property is deprivation of their right. The scheme which is sanctioned under Section 12 (of Town Planning Act) or any other detailed development scheme which has a statutory flavour is binding both on the corporation as well as the petitioners who seek sanction of his building plan," said the Bench while allowing the appeal filed by the Kollam Corporation.
