Case Note & Summary
The Salt Corporation of India filed an intra-court appeal against a writ order dated 25.01.2023 in W.P.No.20672 of 2016. The respondents 1 and 2 had sought building plan permission for land which the appellant claimed belonged to it. The writ court not only directed the Chennai Corporation to consider the application but also directed it to grant permission. The appellant, which had been suo-moto impleaded in the writ proceedings, contended that the subject land (S.No.337/9) belonged to it and that the writ court could not direct grant of permission when a title dispute existed. The respondents opposed, citing similar directions given to the Salt Corporation in other cases. The High Court allowed the appeal, setting aside the writ order and dismissing the writ petition, holding that the writ court could not have directed grant of building plan permission when there was a dispute regarding title to the land, as such a direction would infringe the property rights of the appellant.
Headnote
A) Constitutional Law - Writ Jurisdiction - Title Dispute - Building Plan Permission - The writ court ought not to have directed the Commissioner, Chennai Corporation to grant building plan permission when there was a dispute regarding title to the land belonging to the Salt Corporation of India. The direction infringed the property right of the appellant Corporation. (Paras 2-5)
Issue of Consideration
Whether the writ court could direct the grant of building plan permission when there was a subsisting dispute regarding title to the land belonging to the Salt Corporation of India.
Final Decision
The appeal is allowed. The impugned order dated 25.01.2023 passed in W.P.No.20672 of 2016 is set aside. The writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Law Points
- Writ court cannot direct grant of building plan permission when there is a dispute regarding title to the land
- Property rights cannot be infringed by writ proceedings without adjudication of title
- Suo-moto impleadment of title claimant does not cure lack of jurisdiction to decide title
Case Details
WA No. 1383 of 2023 and C.M.P.No.13487 of 2023
S. M. Subramaniam, C.Kumarappan
Mr.AR.L.Sundaresan (Additional Solicitor General of India) assisted by A.R.Sakthivel for appellant, Mr.M.Hariharan for R1 & R2, Mrs.P.Veena Suresh (Standing counsel for CMDA/R3), Mr.E.C.Ramesh (Standing counsel for Chennai Corporation/ R4 & R5)
The Salt Corporation of India
G.R. Rajashree, S.K.Srinivasan, Chennai Metropolitan Development Authority, The Commissioner Corporation of Chennai, Assistant Engineer/ Assistant Executive Engineer
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Nature of Litigation
Intra-court appeal against a writ order directing grant of building plan permission.
Remedy Sought
Appellant sought to set aside the writ order dated 25-01-2023 passed in W.P.No.20672 of 2016 and dismiss the writ petition.
Filing Reason
The writ court directed the Chennai Corporation to grant building plan permission despite a title dispute over the land belonging to the appellant.
Previous Decisions
The writ court in W.P.No.20672 of 2016 dated 25.01.2023 directed the Chennai Corporation to grant building plan permission to respondents 1 and 2.
Issues
Whether the writ court could direct grant of building plan permission when there was a dispute regarding title to the land.
Submissions/Arguments
Appellant argued that the subject land belongs to Salt Corporation of India and the writ court ought not to have directed grant of building plan permission as it would infringe property rights.
Respondents opposed stating that in similar circumstances, directions were given to the Salt Corporation.
Ratio Decidendi
When a dispute regarding title exists, the writ court ought not to direct the grant of building plan permission as it would infringe the property rights of the title claimant.
Judgment Excerpts
When a dispute regarding title exists, the writ Court ought not to have directed the Commissioner, Chennai Corporation, to grant building plan permission which would infringe the property right of the appellant Corporation.
Procedural History
The respondents 1 and 2 filed W.P.No.20672 of 2016 seeking building plan permission. The writ court directed the Chennai Corporation to grant permission. The Salt Corporation of India, which was suo-moto impleaded, filed the present intra-court appeal.
