The division bench, comprising Justices N Paul Vasanthaku Vasanthakumar and K Ravichandrabaabu ordered that status quo be maintained while disposing of petitions by 15 colleges, challenging notices issued by Deputy Director of Town and Country Planning to apply for approval under the Act, failure of which would result in sealing and locking of the buildings.
The bench directed Deputy Directors of Town and Country Planning of the District to get clarification from their Director on who the competent authority is, since colleges claim the buildings were built only after due permission from the competent authority.
The state government, while inserting Section 47-A to the Tamil Nadu Town and country planning Act, 2010, had enacted an amendment to it, as per which it was mandatory for the local authorities to get prior concurrence from the Director of Town and Country Planning before granting building permission.
The colleges claimed their approval and permission was got prior to amendment to the act and buildings were already constructed as per the approved plans sanctioned by local authorities before the amended act came into force.
It directed the the Deputy Directors of Town and County Planning to get a clarification from the Commissioner/ Director of the Town and Country Planning to take further action in the matter as the action initiated was based on the order of the said Authority.
The Bench also directed regional Deputy Directors of Town and Country Planning to pass orders in four weeks after getting clarification from the Director of Town and Country Planning and to maintain status quo till then.
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