Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tamil Nadu Town and Country Planning Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Tamil Nadu Town and Country Planning Act, 1971-Section 113- Power to grant exemption-Whether ultra vires-Due to excessive delegation of essential legislative functions-Held, no-Since the preamble, objects, reasons and various provisions of the Act give clear-cut policy and guidelines to the Government-Constitution of India-Articles 14 & 21.Government orders-Passed under the Section-In violation of the provisions of the Act and Rules-Without recording any reasons-And setting aside the orders, earlier passed by the Statutory Authorities in terms of the Act and Rules-Legality of-Held, illegal. Power to exempt-Exercise of-It is obligatory on the Government to record the reasons, while passing order under the Section, even if Section is silent about recording the reason. Tamil Nadu Town & Planning (Amendment) Act, 1998: Section 113-A-Regularisation of illegal construction-Plea that the Act is ultra vires-Since it is against policy of the Statute and public interest and is extension of the unbridled power of exemption granted under Section 113- The Act cannot be challenged on the ground that the discretion of the delegatee is unbridled-The Section r/w. statement of objects and reasons clearly indicates legislatures intent and policy and no discretion is left to the Government-Section as a one time measure is a valid piece of legislation-In order to stop such situations from recurring, State has to take effective measures-Constitution of India-Articles 14 & 21. Administrative Law-Delegation of power-Exercise of-Whenever any statute confers any power on any statutory authority including a delegatee under a valid statute, howsoever wide the discretion may be, the same has to be exercised reasonably within the sphere that statute confers and such exercise of power must stand the test to judicial scrutiny which is one of the basic features of our Constitution-The reason recorded truly discloses the justifiability of the exercise of such power-While exercising such a power the authority has to keep in mind the purpose and the policy of the Act and while granting relief has to equate the resultant effect of such a grant on both viz., the public and the individual. Rights-Fundamental and individual-Scope of-Every individual right including fundamental right is within reasonable limit-But if it inroads public rights leading to public inconvenience, it has to be curtailed to that extent. |
Judge | Hon'ble Mr. Justice Ajay Prakash Misra |
Neutral Citation | 2000 INSC 404 |
Petitioner | The Consumer Action Group And Anr. |
Respondent | State Of Tamil Nadu And Ors. |
SCR | [2000] Supp. (2) S.C.R. 523 |
Judgement Date | 2000-08-18 |
Case Number | 926 |
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