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
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.
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 | ||
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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 |
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Unbelievable statement.
P. Venu (Advocate) 13 March 2025
Yes, the query is short of material facts.