Madras High CourtWP/12622/2020disposed of

M/S.Mandava Holdings Pvt Ltd v. The Secretary To Government

2023-02-16Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2023

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Writ Petition No.12622 of 2020 Mandava Holdings Private Limited Rep. by its Authorised Signatory S.N.Krishnamurthy No.103, Classic Gardens Kumarasamy 2nd Street Rajiv Gandhi Salai (OMR) Sholinganallur, Chennai 600 119.

Petitioner Vs.

1. The Secretary to Government of Tamil Nadu Housing and Urban Development (UD4-1) Department Fort St. George Chennai 600 001.

2. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu-Natarajan Maaligai No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

3. The Member Secretary Directorate of Town & Country Planning Chengalvarayan Building, Fourth Floor No.807, Anna Salai, Chennai 600 002.

4. The Member Secretary Mamallapuram Local Planning Authority Five Radhas Commercial Complex Mamallapuram 603 104.

5. The District Collector First Floor, Collectorate Kancheepuram 631 501 Kanchipuram District.

6. The Executive Officer Thiruporur Town Panchayat No.179, Old Mahabalipuram Road Thiruporur 603 110 Kanchipuram District.

7. The Tahsildar Thiruporur Taluk, Near BDO Office Chengalpattu Road, Thiruporur Kanchipuram 603 110.

8. The Special Officer Navalur Panchayat & Village Navalur 603 103 Kanchipuram District.

9. The Sub Registrar Sub Registrar Office - Thiruporur 29, South Mada Street Thiruporur 603 110 Kanchipuram District.

10.The District Registrar District Registrar Office - Chengleput No.13, Varadharajanar Street Vedachala Nagar, Chengleput 603 001.

11.The Inspector General of Registration 100 Santhome High Road Santhome, Chennai 600 028.

12.Olympia Infra Tech (P) Ltd.

Plot No.1, Sidco Industrial Estate Guindy, Chennai Tamil Nadu 600 032.

13.M.Ramesh 14.V.Senapathy ..

Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for a writ of Declaration to declare that the constructions and developments made by the 12th respondent in S.Nos.5/2, 6/1A, 6/1B, 6/2, 6/3A, 6/3B, 6/5A, 6/5B, 6/6A, 6/6B, 7/1, 8, 9/1, 9/2, 10, 11/1A, 11/1B1, 11/1B2, 12/1, 12/3, 12/4, 18/1A, 18/1B, 28/1, 31/4A, 20/9A, 20/9B, 20/9C, 3/2 Part and 3/3 Part at Navalur Village, Thiruporur Taluk, Kancheepuram District pursuant to the Planning approvals granted by the authorities, are in violation of the Town and Country Planning Act and Rules framed thereunder from time to time and consequently, direct the respondents 1 to 8 herein to demolish all the illegal structures and developments therein and take possession and complete control of all public lands, Public Parks, public roads and water bodies encroached by 12th respondent, by providing access to the same directly through the existing public road, i.e. Old Mahabalipuram Road, and to file a compliance report to this Hon'ble Court within a time stipulated by this Hon'ble Court.

For the Petitioner : Mr.P.S.Raman Senior Counsel For Mr.J.Ravikumar For the Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.P.Muthukumar State Government Pleader for Respondents 1, 3 & 5 to 7 Ms.Veena Suresh for Respondent-2 Mr.D.Suriyanarayanan For Respondents 4 & 8 Mr.P.Sathish For Respondents 9 to 11 Mr.AR.L.Sundaresan Senior Counsel For Mr.Karthik Lakshmanan for Respondent-12 No appearance for Respondents 13 & 14

ORDER

(Made by the Hon'ble Acting Chief Justice) The petitioner seeks a declaration to declare the constructions put up by the 12th respondent S.Nos.5/2, 6/1A, 6/1B, 6/2, 6/3A,

6/3B, 6/5A, 6/5B, 6/6A, 6/6B, 7/1, 8, 9/1, 9/2, 10, 11/1A, 11/1B1, 11/1B2, 12/1, 12/3, 12/4, 18/1A, 18/1B, 28/1, 31/4A, 20/9A, 20/9B, 20/9C, 3/2 Part and 3/3 Part at Navalur Village, Thiruporur Taluk, Kancheepuram District, are in violation of the Town and Country Planning Act and Rules framed thereunder and to demolish the same and to take possession of the public lands, parks, roads and waterbodies encroached by the 12th respondent and to provide access to the same.

2. The petitioner is a company registered under the Companies Act, 1956 and engaged in the business of developing house sites, real estate and building and construction activities. It owns agricultural lands of an extent of 18.41 acres at Navalur Village, Thiruporur Taluk, Kancheepuram District. The 12th respondent also owns lands adjacent to the petitioner's lands. The petitioner's lands are locked on the East by Buckingham canal and on the West by the lands of 12th respondent. A pond is also lying adjacent to the petitioner's lands and 12th respondent's lands.

3. According to the petitioner, his lands and pond are between the Buckingham Canal and the lands of the 12th respondent. Therefore, the petitioner has no access to Old Mahabalipuram Road except through the lands belonging to the 12th respondent. Though the 12th respondent, in order to obtain Planning Permission to develop its lands, executed Gift Deeds in favour of the eighth respondent towards OSRs to be utilised as a part of public utility, there is no access to the public to OMR, park and pond.

4. In order to obtain Planning Permission, a temporary road laid by the 12th respondent on the banks of Buckingham canal was declared illegal by the National Green Tribunal vide order dated 10.12.2015 in A.No.284 of 2014 and A.No.156 of 2015 and therefore, the same has been removed. The 12th respondent has, thus, encroached the public road, public park and pond and has been using the same as private parking space, private tennis court, drive way and private lake.

5. The petitioner made a representation to the third respondent

on 13.03.2018 seeking to provide access to it by removing the compound wall put up by the 12th respondent, in violation of the planning permission, thereby blocking access to its land. The said representation was forwarded to the fourth respondent on 19.03.2018 for taking appropriate action, which was in turn, forwarded to the seventh respondent on 16.04.2018 for necessary action and thereafter, to submit a report to the fourth respondent.

6. The seventh respondent submitted its report on 25.05.2018 stating that the 12th respondent has constructed the compound wall surrounding the lands of the petitioner and the pond. Though the said report was forwarded to the third respondent on 13.06.2018, no action has been taken. Hence, the above writ petition.

7. Considering the facts of the case and the submissions made by both the parties, this Court, by order dated 11.11.2022, directed the Revenue Divisional Officer, Chengalpattu to inspect the property in question, in the presence of the petitioner and the 12th respondent and to file a status report in respect of OSR Nos.I to IV and also the

existence of access to pond.

8. Mr.P.Muthukumar, learned State Government Pleader submitted that the direction of this Court dated 11.11.2022 has been complied with and a status report has been filed on 02.12.2022.

9. Mr.P.S.Raman, learned Senior Counsel appearing for the petitioner submitted that in the status report filed by the Sub Collector, Chengalpattu, though it is stated that there is no encroachment in the subject land, it is also stated that a compound wall has been constructed with a gate in S.Nos.6/6A, 6/6B, 7/1, 7/2 and 12/2, restricting use of the public road. Further, it is stated that the 12th respondent has encroached the waterbody to an extent of 192.0 sq.m. in the northern side and using the same as car parking. He, therefore, submitted that a direction may be given to the Director of Town and Country Planning to remove the encroachment and also the gate to the public to have access.

10. Admittedly, as per the status report filed pursuant to the

order of this Court dated 11.11.2022, the 12th respondent has constructed the compound wall without obtaining any prior permission and also using the waterbody as car parking area.

11. In view of the above, the Director of Town and Country Planning is directed to remove the encroachments made by the 12th respondent by way of construction of compound wall, gate and parking space, after issuing notice to the petitioner and the 12th respondent. Further, the waterbody (pond) has to be restored and kept open for the public.

12. The revenue authorities and the local body are also directed to take physical possession of all OSR lands, waterbody and the roads to be provided within the site of the 12th respondent, declare the same as public land and public road and to make necessary changes in the revenue records.

13. All the above exercises shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

14. The writ petition is disposed of accordingly. There will be no order as to costs. Consequently, WMP Nos.15584, 15586 and 15587 of 2020 are closed.

(T.R., ACJ.) (D.B.C., J.) 16.02.2023 Index : Yes/No : Yes/No kpl To