TMI Blog2006 (10) TMI 507X X X X Extracts X X X X X X X X Extracts X X X X ..... ogether and are being disposed of by this common judgment. 3. We would, however, take note of the factual matrix of the matter from Civil Appeal arising out of Special Leave Petition (Civil) No. 4719 of 2006. Appellants herein were owners of agricultural lands. They were permitted to use the said lands for non-agricultural purposes in 2004. The lands are within the residential area and are put to use for residential purposes. An application for approval of building plans was filed before the Bangalore Development Authority (for short, 'the Authority') on 29.11.2004. Some queries in regard thereto were raised by the Authority to which replies were also furnished. 4. Indisputably, the Authority is the Planning Authority within t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng for the petitioners. The Bangalore Development Authority cannot reject the application filed by a party seeking permission to construct a residential building in accordance with law. When such an application is filed, it is the duty of the BDA to consider such application considering the relevant Rules of BDA in granting such permission. The application of the petitioners cold not have been rejected by the BDA. 6. An intra-court appeal was filed by the Bangalore Development Authority. Before the Division Bench of the High Court, it was contended that although the new comprehensive development plan was yet to be notified, but as the proposed construction of Appellants falls within the 'valley zone', the Authority was justified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed within a residential area, the impugned judgment cannot be sustained. Mr. S.K. Kulkarni, the learned Counsel appearing on behalf of the Authority, on the other hand, submitted that as the matter relating to revision of the comprehensive development plan is pending consideration before the State Government, the impugned judgment should not be interfered with. 8. Town Planning Legislations are regulatory in nature. The right to property of a person would include a right to construct a building. Such a right, however, can be restricted by reason of a legislation. In terms of the provisions of the Karnataka Town and Country Planning Act, a comprehensive development plan was prepared. It indisputably is still in force. Whether the amend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a clear provision the same cannot be taken away. It is also a trite law that the building plans are required to be dealt with in terms of the existing law. Determination of such a question cannot be postponed far less taken away. Doctrine of Legitimate Expectation in a case of this nature would have a role to play. 9. In Director of Public Works and Anr. v. HO PO Sang and Ors. (1961) AC 901, interpreting the provisions of the Landlord and Tenant Ordinance, 1947, it was held: In summary, the application of the second appellant for a rebuilding certificate conferred no right on him which was preserved after the repeal of Sections 3AE, but merely conferred hope or expectation that the Governor in Council would exercise his executive or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. True it is, that the respondent Company which can have no control over the manner of processing of application for sanction by the Corporation cannot be blamed for delay but during pendency of its application for sanction, if the State Government, in exercise of its rule-making power, amended the Building Rules and imposed restrictions on the heights of buildings on G.T. Road and other wards, such settled expectation has been rendered impossible of fulfilment due to change in law. The claim based on the alleged vested right or settled expectation cannot be set up against statutory provisions which were brought into force by the State Government by amending the Building Rules and not by the Corporation against whom such vested righ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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