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D. J. Demades and Sons Ltd. v. The Republic of Cyprus, through the District Officer of Limassol, etc. (1964) JSC 89 KI-generiert

Supreme Court declares District Officer's building permit refusal null and void due to legal misconception.

Geschäftsnummer D. J. Demades and Sons Ltd. v. The Republic of Cyprus, through the District Officer of Limassol, etc. (1964) JSC 89
Gericht / Behörde
Rechtsordnung Zypern (CY)
Entscheiddatum
Ausgang Abgewiesen (Dismissed)
Originalquelle öffnen Maschinenlesbares Markdown (.md)

Legislator-Zusammenfassung

KI-generiert

The Supreme Court declared the District Officer's refusal to grant a building permit null and void because the authority acted under a misconception regarding the applicable law. The District Officer incorrectly interpreted a 1955 notice as reserving land exclusively for residential purposes, whereas it only prohibited buildings for special trades or industries. Consequently, the court ordered the District Officer to reach a fresh decision based on the proper application of the law.

Legislator-Regeste

KI-generiert

Streets and Buildings Regulation Law, Cap.96; The decision of an appropriate authority is null and void if the authority acts under a misconception as to the law to be applied, requiring a fresh decision upon proper legal interpretation.

Schlagwörter

KI-generiert
building permit refusal legal misconception null and void decision Streets and Buildings Regulation Law appropriate authority error Legitimation gegen Baubewilligung Bauverbotsdienstbarkeit Vermieterrechte

Zitierte Gesetzesbestimmungen

KI-generiert
Streets and Buildings Regulation Law, Cap.96
Streets and Buildings Regulation law, Cap.96 - Refusal of Appropriate Authority, (District Officer), to grant building permit - Misconception as to the law to be applied - Decision of the District Officer null and void - Up to him to reach afresh a decision upon proper application of Law.
section 14(1) of the Streets and Buildings Regulation Law, Cap.96
In the matter of Article 146 of the Constitution
KI-generiert
CY-AAD-meros_1-1964-rep-1964_1_0167
Supreme Court voids building permit refusal due to District Officer's legal misconception regarding zoning notice interpretation.
CY-AAD-meros_3-1984-rep-1984_3_1562
Supreme Court dismisses appeal where church's building permit refusal constitutes unconstitutional property deprivation.
Υπόθεση αρ. 1382/2015
Administrative Court allows appeal against building permit due to invalid zoning permit foundation.
Υπόθεση Αρ. 896/88
Constitutional Court dismisses appeal against refusal to grant building permit due to administrative inaction.
CY-AAD-meros_3-1975-rep-1975_3_0195
Court dismisses challenge to compulsory land acquisition, upholding municipality's lawful exercise of discretionary powers.

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Volltext

[*89] 1964 October 23

(ZEKIA P., VASSILIADES, TRIANTAFYLLIDES, MUNIR, JOSEPHIDES, JJ.)

REVISIONAL JURISDICTION

In the matter of Article 146 of the Constitution

D. J. Demades & Sons Ltd., of Nicosia,

Applicants,

and

The Republic of Cyprus, through the District Officer of

Limassol, as the appropriate authority of

Kato-Polemidhia,

Respondent.

(Case No.318/62).

Streets and Buildings Regulation law, Cap.96 - Refusal of Appropriate Authority, (District Officer), to grant building permit - Misconception as to the law to be applied - Decision of the District Officer null and void - Up to him to reach afresh a decision upon proper application of Law.

L. Demetriades, with N. Pelides, for the Applicants.

G. Cacoyiannis for the Respondent. [*90]

ZEKIA, P.: The judgment of the Court will be delivered by Mr. Justice Triantafyllides.

TRIANTAFYLLIDES, J.: In this Case the Applicants have made a recourse against the refusal of the District Officer Limassol, as the appropriate authority under the Streets and Buildings Regulation Law, Cap.96, to grant them a building permit for the erection of a building consisting of showrooms, offices and stores.

The refusal is to be found in a letter dated the 17th December, 1962. On the basis of the contents of such letter the Court has reached the conclusion that the District Officer has proceeded to refuse the building permit applied for on the assumption that the Notice given on the 22nd day of June, 1955, under section 14(1) of the aforesaid Law (Not.404 in Supplement No.3 to the Cyprus Gazette 1955) amounted to a reservation of the area concerned "exclusively for residential purposes" and not only to a prohibition of the erection within such area of "buildings for special trades or industries," which is in fact what the said Notice amounts to.

This is a Case, therefore, where on the face of the sub judice decision it is clear that the authorities acted under a misconception as to the law to be applied in the matter and, in the circumstances, the Court has reached the conclusion that the

decision in question of the District Officer must be declared to be null and void and of no effect whatsoever. [*91]

In adopting this course the Court is not pronouncing on the merits of Applicants' application for a building permit. It is up to the District Officer, upon a proper application of the law, including the said Notice, to the relevant facts, to reach afresh a decision which he will communicate to the Applicants.

No order as to costs.

Decision of Appropriate

Authority, (District Officer)

declared null and void and of

no effect whatsoever.