K. RAMADAS SHENOY versus THE CHIEF OFFICERS, TOWN MUNICIPAL COUNCIL, UDIPI AND ORS.
The municipal resolution permitting conversion of a residential building to a cinema theatre had no legal foundation and violated the Town Planning Scheme; excess statutory power is not cured by acquiescence or estoppel; illegality is incurable regardless of expenditure.
- Parties
- Appellant: K. Ramadas Shenoy; Respondents: The Chief Officers, Town Municipal Council, Udipi and Ors.
- Jurisdiction
- India
- Judgment Date
- 09 August 1974
- Procedural Posture
- Civil Appeal / Appeal by Special Leave From a High Court Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Town Planning Scheme, Statutory Authority, Estoppel, Municipal Powers, Residential Area Protection
Case Brief
Summary, issues, holding and outcome
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Parties
K. Ramadas Shenoy
Appellant
The Chief Officers, Town Municipal Council, Udipi and Ors.
Respondents
Procedural Posture
Civil Appeal / Appeal by Special Leave From a High Court Judgment
Legal Issues
- 1 Whether the Municipal Council can sanction conversion of a residential building to cinema theatre in violation of the Town Planning Scheme
- 2 Whether excess of statutory power can be validated by acquiescence or estoppel
Ratio Decidendi
The municipal resolution permitting conversion of a residential building to a cinema theatre had no legal foundation and violated the Town Planning Scheme; excess statutory power is not cured by acquiescence or estoppel; illegality is incurable regardless of expenditure.
Court Disposition
Appeal allowed
Orders
- High Court's order leaving fourth impeached municipal resolution undisturbed is set aside.
- Municipal resolution dated 19 June 1970 is quashed.
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