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 .
