N.Sathyanarayana v. The Vice Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos. 14204 & 14488 of 2024 and W.M.P.Nos. 15403 & 15756 of 2024 W.P.No.14204 of 2024 N.Sathyanarayana ....
Petitioner Vs 1.The Vice Chairman, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Inspector General of Registration, 100, Santhome High Road, Mandavelipakkam, R.A.Puram, Chennai - 600 028.
3.The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.
4.The Sub Registrar Sammandam Nagar Main Road,
Kundrathur, Chennai - 600 069.
5.The Commissioner, Thiruverkadu Panchayat Union, No.1, Sivan Koil Street, Tiruverkadu, Thiruvallur District.
6.The Chairman, Thiruverkadu Panchayat Union, No.1, Sivan Koil Street, Tiruverkadu, Thiruvallur District.
7.G.Sriram @ Guddireddigari Sriram 8.Y.Achyuth Reddy 9.G.Indira Reddy @ Guddireddigari Indira Reddy 10.K.K.Gupta @ Krishna Kumar Gupta 11.Sundeep Gupta 12.B.Vikram Kumar Bagmar 13.M/s.Boonega Properities LLP Rep by its Partner, B Vikram Kumar Bagmar Nos.19 & 20, Ram Lakhan Chambers, General Muthaiah Mudali Street, Sowcarpet, Chennai - 600 001.
14.M/s.Royal Land & Developers Pvt. Ltd., Rep. by its Director, B Vikram Kumar Bagmar First Floor, Western Wing, New No.6, Old No.23, Krishnamma Road, Nungambakkam, Chennai - 600 034.
15.M/s.Patron First Choice Developers Pvt.Ltd., Rep. by its Director, B Vikram Kumar Bagmar No.20, General Muthaiah Mudali Street, Sowcarpet, Chennai - 600 001.
16.M/s.Prospera Industries Pvt Ltd., Rep. by its Director, B Vikram Kumar Bagmar No.31, Chandrappa Mudali Street, Sowcarpet, Chennai - 600 001.
17.Shantha.G 18.Pinku Bagmar 19.Suresh B.Saraf 20.Santosh Saraf 21.Kamal Agarwal 22.Lalita Agarwal 23.Omprakash Saraf ....
Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 1, 3, 5 and 6 herein not to grant approval for construction of Special buildings or any other development in respect of the property comprised in S.Nos.80/1A, 80/1B1, 80/1B2, 80/1C, 80/1E, 80/1F, 80/1G and 81/1B, situated at Noombal Village, Poonamallee Taluk, Thiruvallur District, belonging to respondents 7 to 11, 14, 17 and 18 herein, without creation of approach roads for the petitioner's property located in the interior in accordance with Rule 39 Sub-Rule 17 of the Tamil Nadu Combined Buildings and Development Rules 2019. (Prayer amended as per the order of this Court dated 05.09.2024 in W.M.P.No.27821 of 2024 in W.P.No. 14204 of 2024).
For Petitioner : Mr.M.Guruprasad for Dipthi Munotha A For R1 & R3 : Mrs.P.Veena Suresh Standing Counsel For R2 & R4 : Mr.T.Chezhiyan Additional Government Pleader
For R5 : Mr.P.Srinivas Standing Counsel For R7 to R9 & R12 : M/s.George Cheriyan For R10, R11, R14 to 16 : Mr.E.Omprakash, Senior Counsel for Mr.M.Murali For R13 : Mr.K.Dhananjayan For R17 & R18 : Mr.A.Kowsik Raghu Raja For R20 to R23 : Mrs.Swetha Sridhar W.P.No.14488 of 2024 R.Sarada ....
Petitioner Vs 1.The Vice Chairman, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.
3.The Commissioner, Thiruverkadu Panchayat Union, No.1, Sivan Koil Street, Tiruverkadu, Thiruvallur District.
4.The Chairman, Thiruverkadu Panchayat Union, No.1, Sivan Koil Street, Tiruverkadu, Thiruvallur District.
5.G.Sriram @ Guddireddigari Sriram 6.Y.Achyuth Reddy
7.G.Indira Reddy @ Guddireddigari Indira Reddy 8.K.K.Gupta @ Krishna Kumar Gupta 9.Sundeep Gupta 10.B.Vikram Kumar Bagmar 11.M/s.Royal Land & Developers Pvt. Ltd., Rep. by its Director, B Vikram Kumar Bagmar First Floor, Western Wing, New No.6, Old No.23, Krishnamma Road, Nungambakkam, Chennai - 600 034.
12.Shantha.G 13.Pinku Bagmar ....
Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 1 to 4 herein not to grant approval for construction of Special buildings or any other development in respect of the property comprised in S.Nos.80/1A, 80/1B1, 80/1B2, 80/1C, 80/1E, 80/1F, 80/1G and 81/1B, situated at Noombal Village, Poonamallee Taluk, Thiruvallur District, belonging to respondents 5 to 9 and 11, without creation of approach roads for the petitioner's property located in the interior, in accordance with Rule 39 Sub-Rule 17 of the Tamil Nadu Combined Buildings and Development Rules 2019. (Prayer amended as per the order of this Court dated 05.09.2024 in W.M.P.No.27793 of 2024 in W.P.No. 14488 of 2024) For Petitioner : Mr.M.Karthikeyan For R1 & R2 : Mrs.P.Veena Suresh Standing Counsel For R3 : Mr.P.Srinivas
Standing Counsel For R4 : No appearance For R5 to R7, R10 : M/s.George Cheriyan For R8, R9 & R11 : Mr.E.Om Prakash Senior Counsel for Mr.r.Murali For R12 & R13 : Mr.A.Kowsik Raghu Raja COMMON
ORDER
W.P.No.14204 of 2024 has been filed for a direction, directing the respondents 1, 3, 5 and 6 herein not to grant approval for construction of Special buildings or any other development in respect of the property comprised in S.Nos.80/1A, 80/1B1/, 80/1B2, 80/1C, 80/1E, 80/1F, 80/1G and 81/1B, situated at Noombal Village, Poonamallee Taluk, Thiruvallur District, belonging to the respondents respondents 7 to 11, 14, 17 and 18 herein, without creation of approach roads for the petitioner's property located in the interior.
2. W.P.No.14488 of 2024 has been filed for a direction, directing the respondents 1 to 4 herein not to grant approval for construction of Special buildings or any other development in respect of the property comprised in S.Nos.80/1A, 80/1B1/, 80/1B2, 80/1C, 80/1E, 80/1F, 80/1G and 81/1B, situated at Noombal Village, Poonamallee Taluk, Thiruvallur District, belonging to the respondents 5 to 9 and 11
herein, without creation of approach roads for the petitioner's property located in the interior in accordance with Rule 39 Sub-Rule 17 of the Tamil Nadu Combined Buildings and Development Rules 2019.
3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
4. A perusal of the counter filed by the first respondent reveals that the application submitted by the private respondent for layout approval in respect of the property comprised in S.Nos.80/1A, 80/1B1, 80/1B2, 80/1C, 80/1E, 80/1F, 80/1G and 81/1B situated at Noombal Village, Poonamallee Taluk, Thiruvallur District, did not have the qualifying road width requirement as per TNCD & BR requirements. Further, the compound wall constructed includes additional land, though such additional land is not covered in the proposal. That apart, the applicant failed to provide link road to the surrounding lands. Therefore, the first respondent returned the planning permission on 10.06.2024.
5. Mr.E.Om Prakash, learned Senior Counsel submitted that the applicants, viz., those who applied for planning permission,
re-submitted the application after complying with all queries raised by the first respondent. While considering the applications, the first respondent has to afford an opportunity of hearing to the objectors i.e., the petitioner herein, and then pass appropriate orders. In respect of the property owned by the private respondent comprised in S.No.80/1B2, the planning approval is pending with the first respondent, in which, the petitioner has also raised objections.
6. Therefore, the first respondent is directed to issue notice and give an opportunity of hearing to the objectors and pass orders on the application submitted by the private respondent for planning approval.
7. With the above direction, these writ petitions stand disposed of. Consequently, connected miscellaneous petitions are closed. No costs.
05.09.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The Vice Chairman, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.
2.The Inspector General of Registration, 100, Santhome High Road, Mandavelipakkam, R.A.Puram, Chennai - 600 028.
3.The Member Secretary, Chennai Metropolitan Development Authority (CMDA), Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.
4.The Sub Registrar Sammandam Nagar Main Road, Kundrathur, Chennai - 600 069.
5.The Commissioner, Thiruverkadu Panchayat Union, No.1, Sivan Koil Street, Tiruverkadu, Thiruvallur District.
6.The Chairman, Thiruverkadu Panchayat Union, No.1, Sivan Koil Street, Tiruverkadu, Thiruvallur District.
G.K.ILANTHIRAIYAN. J, Lpp
W.P.Nos. 14204 & 14488 of 2024 and W.M.P.Nos. 15403 & 15756 of 2024 05.09.2024