Case Summary : T. Damodar Rao and Ors v .The special officer, Municipal Corporation

Author : Alisha Rahman

Citation: AIR 1987 AP 171

Case briefing.

The law used is the enjoyment of the ownership rights subjective to the requirements of the development plan.

 The court held that using of that land by income tax department and LIC is illegal and contrary to law. The Apex court  after hearing  both the parties that is LIC & I.T. department have been  well within  there legal powers as  owners of their  properties to build  residential houses .but ownership right . Which is in  question is being  curtailed  in the  development plan .Along  with this the  court  also observed  that declaration  regarding of the land user  contained  in development  plan published  under statutory authority are  statutorily enforceable under section 112 of  Hyderabad municipal corporation act 1995.

In supreme court of India.

Writ petition Appeal No.8261 of 19.

Petitioner.

T. Damodar rao & Ors .

Respondent.

The special officer, Municipal Corp.

Date of judgement.

20 Jan. 1987.

Bench .

Justice Chaudhary.

Fact .  1 .In this the petition has been  filed by the resident  and the rate of  Hyderabad  Municipal  corporation.

2.  These residents are living around  the marked area  that is specifically  left for the development  of park  on that area .

3. In this case  the petitioner  challenge before  High court Andhra Pradesh that 51 acres of land out of 151 . Cents in plan should not allow to be used by  LIC & I.T Department

Issue. Whether the income tax department  & LIC  can legally use a land  to accomplish  their residential  purpose .

Analysis. The judgement pronounced  by the Hon’able judge is legitimate  & justified as per fact & issue it protect Article 21 of Indian constitution  under various  heads. The judgement preservation the theory of proprietorship in the constitution  standpoint that means According  to the judgement  enjoyment of the life .Note. Article 21 of the constitution under the circumference of  Right to life & Personal Liberty .