Property Law

Monthy v The Town and Country Planning Authority (MC 36/2017) [2017] SCSC 1076 (13 November 2017);

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Judicial Review of a decision of the Town and Planning Country Authority, where permission for a change of use of building was refused on the basis of cancellation of a lease over the property. Petitioner argued that the said refusal was unjustified, illegal disproportionate, and/or unreasonable and was reached in a procedurally improper manner.

Held: that the decision was not reached in a procedurally proper manner. The purported cancellation was irrelevant for the purposes of the consideration of the application.  The Respondent erred in coming to a decision based on a purported cancellation of the lease without giving the Petitioner an opportunity to be heard.

A writ of certiorari quashing the Respondent's decision was issued.

 

L Pillay, J

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