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Court refuses to stay operation of circular

Special Correspondent

CHENNAI: The Madras High Court has refused to stay operation of a circular directing five Corporation areas in Coimbatore, Madurai, Tiruchi, Salem and Tirunelveli, besides Mamallapuram, to follow the Chennai Metropolitan Development Authority development control rules.

Justice A. Kulasekaran, however, ordered notices to the Commissioner of Town and Country Planning, Assistant Commissioner of the Coimbatore City Corporation and the Member-Secretary of the Local Town Planning, Coimbatore, after hearing the submissions of senior counsel K.M. Vijayan for the petitioner, and Additional Advocate-General P.S. Raman and Additional Government Pleader I. Paranthaman.

In his petition, Sanjeev Bhasin of Coimbatore said the September 28 circular of the Commissioner of Town and Country Planning, directing the Local Planning Areas of the five Corporations and Mamallapuram to follow the CMDA’s rules, was an attempt to usurp the powers of local bodies. He said authorities could not exercise statutory powers by issuing circulars. The Commissioner had not only exceeded his jurisdiction but also abdicated the powers delegated to him.

The petitioner contended that the impugned circular should not be applied while processing his application for permission as he had sent it on February 5 itself.

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