Chennai Metropolitan Water v. M/S. Anmol Housing
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2015
CORAM:
THE HON'BLE MR.JUSTICE SATISH K. AGNIHOTRI AND THE HON'BLE MR.JUSTICE M.VENUGOPAL W.A. No.223 of 2015 and M.P. No.1 of 2015 against W.P.No.32728 of 2012 Chennai Metropolitan Water Supply and Sewerage Board represented by its Managing Director No.1, Pumping Station Road Chennai - 600 002 ... Appellant/1st Respondent vs.
1. Amnol Housing Corporation represented by K. Rajendran
2. Area Engineer, Area XIII Chennai Metropolitan Water Supply and Sewerage Board No.42, I Main Road Indira Nagar Chennai 600 020
3. Chennai Metropolitan Development Authority represented by its Member Secretary No.1, Gandhi Irwin Road Egmore Chennai 600 008 ... Respondents/Petitioner/Respondent 2 & 3 Writ Appeal filed under Clause 15 of the Letters Patent as against the order dated 11.02.2013 passed in W.P. No.32728 of 2012. W.P.No.32728 of 2012:
This Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents 1 and 2 herein to receive and consider the application of
the petitioner and provide water and drainage connection to the building put up by the petitioner at Old S.No. 714 (part) T.S.No.29 30 31 40 and 41 of Block No.23 Velachery Village Chennai 42 without insisting upon completion certificate/No objection certificate from the Third respondent.
For appellant :
Mr. V. Perumal For R1 :
Mr. R. Mohan For R2 : No appearance For R3 : Mr. N. Sampath Standing Counsel
JUDGMENT
(Judgment of the Court was delivered by SATISH K. AGNIHOTRI, j.) The instant intra-Court appeal arises from the order dated 11.02.2013 passed in W.P. No.32728 of 2012, wherein, the learned Single Judge has directed the appellant/first respondent therein, viz., Chennai Metropolitan Water Supply and Sewerage Board (for short "the CMWSSB") to grant water and drainage connection to 72 dwelling units, identified by the first respondent/writ petitioner, within a period of four weeks from the date of receipt of a copy of the order. 2.
In the instant appeal, the CMWSSB has questioned the legality and validity of the order passed by the learned Single Judge on several grounds. During the pendency of the appeal, the Chennai Metropolitan Development Authority, the third respondent herein, has filed a report dated 26.02.2015, stating that the third respondent herein has granted permission for entire 80 dwelling units. The relevant paragraph of the said report reads thus: "3.
I further submit that after getting approval for 72 dwelling units earlier, the first respondent has given revised plan for constructing additional 8 dwelling units, availing premium FSI benefit comprising Stilt Floor + 4 Floors residential building with 80 dwelling units. The same was approved by CMDA vide CMDA approval in B/Spl.Bldg./250A to D/2014 in letter No.B1/1800/2013 dated 17.11.2014. Therefore, the applicant finally obtained planning permission for 80 dwelling units."
3.
In that view of the matter, nothing remains for adjudication in this writ appeal. However, we make it clear that the first respondent/writ petitioner has to obtain No Objection Certificate from the respondent-bodies on the basis of this approval, after obtaining completion certificate from the authorities for the purpose of grant of electricity as well as drainage connection to all the 80 dwelling units, in accordance with law and on merits. 4.
The writ appeal stands disposed of with the above observation. No costs. Connected Miscellaneous Petition is closed. Sd/- Asst. Registrar /true copy/ CAD Sub Asst. Registrar. To
1. Amnol Housing Corporation represented by K. Rajendran
2. Area Engineer, Area XIII Chennai Metropolitan Water Supply and Sewerage Board No.42, I Main Road Indira Nagar Chennai 600 020
3. Chennai Metropolitan Development Authority represented by its Member Secretary No.1, Gandhi Irwin Road Egmore Chennai 600 008 +1cc to Mr.N.Sampath, Advocate, S.R.No.12233 +1cc to Mr.R.Mohan, Advocate, S.R.No.11929 +1cc to Mr.V.Perumal, Advocate, S.R.No.11823 W.A. No.223 of 2015 RJ(CO) CA(11/03/2015)