Petitioner sought mandamus directing the Union Territory of Puducherry to dispose of a representation within four weeks to facilitate a land exchange for property development intended for public benefit.
First respondent directed to consider the petitioner's representation dated 30.10.2018 and complete the land exchange exercise within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2018
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA
W.P.No.32385 of 2018
S.Jayadeepa .. Petitioner
Vs.
1. Union Territory of Puducherry,
rep. By its Chief Secretary,
Secretariat,
Puducherry.
2. The Secretary,
Department of Town & Country Planning,
Government of Puducherry,
Puducherry.
3. M/s.Pondicherry Slum Clearance Board
rep. by its Managing Director,
Shop No.106, Palli Vaasal Street,
Near Amman Koil,
Periyar Nagar, Orleanpet,
Puducherry-605 005. .. Respondents
Prayer : Writ petitions filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the first respondent herein to dispose the representation of the petitioner dated 30.10.2018 within stipulated time frame.
For Petitioners :Mr.T.Sathiya Moorthy For Respondents :Mr.D.Ravichander, Additional Government Pleader (Pondy) O R D E R
The prayer of the petitioner is to direct the first respondent to dispose her representation dated 30.10.2018 within a time frame.
11.12.2013 registered as document No.6399 of 2013. Upon application, she was given planning permission to develop the property. The properties adjacent to the said property are owned by the second and third respondents. Since it was felt that the development of the petitioner's property would cause hindrance to the said properties, it was proposed to exchange the said land with the said respondents for the benefit of the public and the petitioner was asked to file an affidavit of undertaking qua the exchange, which was complied with by her on 27.12.2016. Even after about two years, there is no progress in the exchange process on the part of the respondents. Since the planning permission obtained by the petitioner also going to expire, she gave representation dated 30.10.2018, which also did not yield any fruit. Hence, the petitioner is before this Court.
"195. This Court finds that Section 5 is the provision by which all properties and assets, which earlier vested in the French Republic, stood transferred to the Union, i.e., Union of States (India). In other words, Section 5 was enacted for the purpose of transfer of properties from one sovereign State to another sovereign State. It has no power on the right of Government of Pondicherry over the properties and assets in Pondicherry. The vesting of land from French Republic to the Republic of India can have no bearing on the powers of Government of Pondicherry to dispose of land in accordance with the provisions of the Constitution."
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
To
1. The Chief Secretary,
Union Territory of Puducherry,
Secretariat, Puducherry.
2. The Secretary,
Department of Town & Country Planning,
Government of Puducherry,
Puducherry.
3. The Managing Director,
Pondicherry Slum Clearance Board
Shop No.106, Palli Vaasal Street,
Near Amman Koil,
Periyar Nagar, Orleanpet,
Puducherry-605 005.
+1cc to Mr.T.Sathiyamoorthy, Advocate Sr.87990
+1cc to the Government Pleader Sr.87309
W.P.No.32385 of 2018
br[co] srg 25/01/2019
2 issues framed by the court
Whether the Union Territory of Puducherry can dispose of land within its jurisdiction to settle an exchange without waiting for Central Government approval.
Whether Section 5 of the Pondicherry (Administration) Act, 1962 restricts the Government of Puducherry's power to dispose of land.
Colour shows how this judgement treated each authority
Villianur Iyarkkai Padukappu Maiyam V. Union of IndiaRelied on¶15
(2009) 7 SCC 561 · Who else cites this
2 provisions across 2 enactments
S. Jayadeepa
Union Territory of Puducherry
The Secretary, Department of Town & Country Planning, Government of Puducherry
M/s. Pondicherry Slum Clearance Board
Pushpa Sathyanarayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
