TMI Blog1992 (7) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under Section 15(1) of the Act for construction of a shop building and it was made clear that the premises shall be used for the specific purpose of shop (commercial). It was made clear that grant of permission will not constitute sanction of construction of a building and other statutory formalities will have to be complied with before doing so. Thereafter, the 1st respondent has sought or revision. This permission was granted on 19-9-1979 and a municipal licence was obtained on 10-10-1979. Thereafter a revised plan was filed on 13-12-1982 and sanction was accorded on 18-1-1983. Again one more revised plan was submitted to the Municipal Council on 1-4-1984 for extension of commercial building. The same was sanctioned by majority of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r under Section 14(2) of the Act is only to prevent change of land-user or a building from one use to another contrary to the outline development plan and in the present case although the area had been originally noted as residential many commercial buildings in the area have come up; that the Planning Authority authorised the construction of a commercial building by its permission dated 19-9-1979 communicated to the first respondent. Consequently that bar stood lifted. Once the bar is lifted it is submitted that putting the building to any other use which is within the commercial use or development plan which does not materially or substantially alter the nature of the use, does not call for a fresh commencement certificate at all. Even th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on behalf of the first respondent in the present case is not at all tenable. 6. The contentions advanced on either side in the present case reduce themselves to one aspect of the matter, namely, whether Section 14 of the Act requires, every time a building is put to an altered use or development thereof, commencement certificate or not. 7. In order to correctly comprehend the contentions advanced on either side it is necessary to examine the scheme of the Act. Section 2(1b) defines commerce and commercial which mean carrying on any trade, business or profession, sale or exchange of goods of any type whatsoever, the running of, with a view to make profit, hospitals, nursing homes, infirmaries, sarais, educational ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ission of the Planning Authority. The expression development in this context means the same as defined in Section 2(1c) of the Act referred to earlier. Inasmuch as in the present case there is no dispute as to the change of land-use permitted on 19-9-1979 the question to be considered now is whether the first respondent could have utilised the land for the purpose of construction of a restaurant and a lodging house by altering the building from a shop and an office premises and by putting up additional floors. The concept of development provided in the explanation to sub-section (2) of Section 14 does not refer to every change but refers only to building activity carried on or any material change in the use of building and other land. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t up a boarding and lodging house in the upper floors does not result in any material change and the resolution passed by the Town Planning Authority in this regard, called in question in this proceeding, becomes superfluous or irrelevant. 9. The restrictions imposed in the planning law though in public interest should be strictly interpreted because they make an inroad into the rights of a private person to carry on his business by construction of a suitable building for the purpose and incidentally may affect his fundamental right if too widely interpreted. The building bye-laws while sanctioning a plan will take care of what parking space should be provided in the area and whether the building itself would have such facility. Bu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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