LexPLEASANT STAY HOTEL AND ANR. versus PALANI HILLS CONSERVATION COUNCIL AND ORS.
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A PLEASANT STAY HOTEL AND ANR. v. PALANI HILLS CONSERVATION COUNCIL AND ORS. . SEPTEMBER 13, 1995 B (B.P. JEEVAN REDDY AND M.K. MUKHERJEE, JJ.) Tamil Nadu District Municipalities Act, 1920: Sections 217-C, 217-K and 217-Q(As amended by Act 52 of 1994). c Tamil Nadu Dist1ict Municipalities (Hill Station) Building Rules, 1993: Rule 26. Building Plan-Exemption from Rules-Hotel-Construction at hill sta- tion-Sanction of Plan for two storeys-Revised plan for additional construc- D tion-Rejection by Municipal Committee-Construction notwithstanding rejection of revised plan-Minister and Chief Minister granting exemp- tion-Exemption orders-Quashing of by High Court-Findings of High Court E ~ based on mate1ial on record-lnterf erence with by Supreme Court held not justified-Matter remitted to High Court for clarification of its order regarding demolition--Observations against Minister and Chief Ministe1'-lfeld factual- ly correct and necessary for disposal of cases. The Kodaikanal Township Committee sanctioned a plan submitted by the appellant for construction of a hotel building comprising of two floors at Kodaikanal. A revised plan submitted for additional construction F on the ground of structural necessity was rejected by the Committee because the proposal to construct more than two floors was against clause 8.6.1 of the Master Plan Rules. Aggrieved by the said rejection the hotel preferred appeal to the Government of Tamil Nadu. However, not· withstanding such rejection additional floors of hotel building were con- structed in violation of the sanctioned plan and provisions of the Tamil G Nadu District Municipalities Act, 1920. Palani Hills Conservation Council, respondent herein, a society formed with the objert of preserving and protecting hills in and around Kodaikanal, filed a writ petition in the High Court seeking directions of the State Government and the Municipal Committee to ensure that no illegal construction was put up by the hotel H and the illegal construction already made be demolished. The High Court 588 .. STAY HOTEL v. PALA.NI HILLS CONSERVATION COUNCIL 589 passed an interim order restraining the respondents from making con- A struction in violation of the sanctioned plan with liberty to move the competent authority for appropriate permission. Meanwhile pursuant to the amendments introduced in the 1920 Act the appeal preferred by the Hotel against the order of Committee rejecting revised plan was con- sidered by the Architectural and Aesthetic Aspects Committee which B recommended to the Government that the application for revised plan shall be rejected in view of large scale violation of Building Rules. Conse- quently the file was sent to Minister for Local Administration with endor- sement of Secretary made thereon to reject the plan for construction of extra floors. While the file was awaiting disposal by the Minister the High Court, on an application moved by the Respondent-Council, held the C appellant guilty of contempt for disobeying the High Court's order by proceeding with construction in violation of the sanctioned plan. However, overruling the recommendation of the Architectural and Aesthetic Aspects Committee and that of the Secretary, the Minister for Local Administra- tion passed an order stating that the request of the Hotel may be con- D sidered and necessary exemption from the violated rules may be granted subject to certain conditions. On the same day the Chief Minister endorsed the note of the Minister and consequently Government Order No. 126 dated May 13, 1994 was issued in accordance with the recommendations of the Minister. The Palani Council filed a second writ petition for quash- ing the order and for issuing of directions for demolition of the structures E put up by the Hotel beyond ground and first floors. The State Government contested this petition contending that it was not bound by the recommen- dations of Architectural and Aesthetic Aspects Committee and that being Licensing Authority it was entitled to arrive at its own conclusions. F During the pendency of this writ petition, Tamil Nadu District Municipalities (Second Amendment and Validation) Act, 1994 was passed whereunder Government was empowered to grant exemption to private buildings; orders issued earlier by the State Government exempting such buildings from the provisions of the 1920 Act were validated. Accordingly, G Government order No. 317 dated
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