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Murthy   10 March 2025

Plan approval

If a planning authority has cancelled the sanction plan which it issued after completion of project and handover without giving opportunity to hear 

What is the legal recourse 

TIA

 



 7 Replies

T. Kalaiselvan, Advocate (Advocate)     11 March 2025

You can file a writ petition to reinstate the cancelled order if there is an injustice meted out 

Dr. J C Vashista (Advocate )     11 March 2025

Facts posted are incomplete to form proper opinion and oblige.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     11 March 2025

A complex situation involving a planning authority's cancellation of a sanctioned plan after project completion and handover. Legal Recourse:

1. *Natural Justice*: The planning authority's decision to cancel the sanctioned plan without giving the developer an opportunity to be heard violates the principles of natural justice.

 2. *Judicial Review*: The developer can seek judicial review of the planning authority's decision by filing a writ petition in the High Court. Possible Grounds:

1. *Arbitrariness*: The planning authority's decision can be challenged as arbitrary and unreasonable. 

2. *Lack of Opportunity*: The developer can argue that they were not given a fair opportunity to be heard before the cancellation of the sanctioned plan. 

3. *Post-Completion Cancellation*: The planning authority's decision to cancel the sanctioned plan after the project's completion and handover can be challenged as unjust and unreasonable. Remedies: 

1. *Quashing of Cancellation Order*: The court can quash the planning authority's order cancelling the sanctioned plan. 

2. *Direction to Restore Sanction*: The court can direct the planning authority to restore the sanctioned plan. 

3. *Compensation*: Depending on the circumstances, the developer may be entitled to compensation for the losses suffered due to the planning authority's decision. 

It's essential to consult with a lawyer specializing in administrative law and urban planning to discuss the specifics of the case and determine the best course of action.

1 Like

R.K Nanda (Advocate)     11 March 2025

State full facts to get proper reply. 

Murthy   12 March 2025

Thanks  Adv Ramachary sir for your elaborate reply and guidance

Dr. J C Vashista (Advocate )     12 March 2025

Originally posted by : Murthy
If a planning authority has cancelled the sanction plan which it issued after completion of project and handover without giving opportunity to hear 
What is the legal recourse 
TIA
 

Unbelievable statement.

P. Venu (Advocate)     13 March 2025

Yes, the query is short of material facts.


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