12.The learned counsel for the plaintiffs has also drawn the attention of this court to the evidence of defendant side official witnesses to the effect that the application for layout plan shall be filed by the owner along with EC and field map and the office, before granting any approval will scrutinize the ownership of the property. Whereas, in the present case, the owner filed the application for approval without furnishing actual particulars and the approval was granted without verifying the ownership of the plots in question. The suit plots having been sold as unapproved house sites and the plaintiffs already having already became the owners of the unapproved house sites, the approval granted to the original owner in respect of the suit plots, that too, reserved as play ground/nursery school, without verifying the ownership and without giving notice to the actual owner is arbitrary, contrary to law and in violation of the procedure laid down and in violation of the principles of natural justice, as such, the individual plaintiffs are entitled to get the suit relief as sought for i.e, releasing the property from the lay out approval. Accordingly, the additional substantial question of law framed in SA.No.1006/2002 and the second substantial question of law in SA.No.1016/2003 are hence answered in favour of the plaintiffs/plot owners.
