Stay on GO which sought schools to obtain building plan concurrence

Justice S S Sundar granted the injunction while passing interim orders on a writ petition moved by K Palaniyappan, general secretary, All India Private Educational Institutions Association.

The petitioner contended that most of the educational institutions, which were functioning in non-plan area, had applied to the local body for planning permission and got them approved under the Tamil Nadu Village Panchayat Building Rule,1997.

However, the government at a later stage started issuing lock & seal notices to all the member institutions, by invoking of the TN Town and Country Planning Act. It also refused to process the applications for recognition, approval and up-gradation. All the consequential actions of the government were challenged before the High Court, which held that a planning permission issued by a competent authority cannot be said to be invalid, unless otherwise it is cancelled or revised in a manner known to law’. 

Now, the government in an indirect manner has come up with the said GO stating that the buildings of the educational institutions constructed prior to January 1, 2011 in non-plan areas must obtain concurrence from DTCP while the building plan has been approved by a competent authority.

The state ought to have considered the fact that, if the planning approval is not illegal then there is no point in asking the institution to submit themselves once again before another authority for getting concurrence of an approved plan, the plea added.