R.Geetha, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.02.2015
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.4591 of 2015 & MP.No.1 of 2015 R.Geetha
...Petitioner
Vs 1 The Commissioner Corporation of Chennai Rippon Building Chennai 3 2 The Assistant Executive Engineer Corporation of Chennai Zonal Office - Zone 11 Chennai 3 The Assistant Executive Engineer Corporation of Chennai Division No.154 Zonal Office No.11 Arcot Road Valasarawakkam Chennai 4 The Member Secretary Chennai Metropolitan Development Authority No.1 Gandhi Irwin Road Egmore Chennai 8
...Respondents
PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to forthwith issue the Planning Permission to the premises at Plot No.A and B Door No.8 Barathi Salai Ramapuram Chennai 89 without insisting to handover the area to the extent of 23.78 M2 facing the road through a registered Gift Deed to CMDA or the Corporation of Chennai
For Petitioner : Mr.L.Chandrakumar For RR 1 to 3 : Mr.P.V.Selvakumar For R4 : Mr.A.Kumar
O R D E R
Heard Mr.L.Chandrakumar, learned counsel for the petitioner and Mr.P.V.Selvakumar , learned counsel appearing for the respondents 1 to 3 as well as Mr.A.Kumar, learned counsel for the fourth respondent. With consent of either side, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner seeks for issuance of a writ of Mandamus to direct the respondents 1 and 3 to forthwith issue the Planning Permission to the Premises at Plot No.A and B, Door No.8, Barathi Salai, Ramapuram Chennai 89, without insisting to handover the area to the extent of 23.78 M2 facing the road through a registered gift deed to CMDA or the Corporation of Chennai.
3.There is no dispute that the petitioner is the owner of the property. The petitioner has sought for planning permission to put up construction on the said property. A portion of the land measuring 23.78 M2 is likely to be acquired for the purpose of road widening. Therefore, the planning authority are insisting the petitioner to give gift deed .
4.The land in question which is owned by the petitioner has not been acquired so far, however there is no proposal for widening the road now, however there is every likelyhood for widening the road. In my view, portion of the land measuring 23.78 M2 will be acquired, however in the meantime, if the petitioner should not put up construction would prejudice the petitioner. It is seen under similar circumstances in W.P.1259 of 2014, this Court taking into consideration of the earlier order in W.P.No.8541 of 2012 dated 19.07.
2012 issued an interim direction subject to the condition that petitioner should give an affidavit of undertaking to the effect that he will not put up any construction in the place earmarked for the purpose of road widening and on receipt of the said undertaking, CMDA and Corporation of Chennai shall give approval for building plan permission with proper endorsement. Though the said direction is an interim order, there will be a direction in this writ petition that the petitioner shall undertake not to put up construction in the extent of land which is proposed to road widening.
petitioner shall also undertake that he will not resist the proposal of road widening and hand over the said portion to the appropriate authority for the said purpose. The petitioner will however be entitled to compensation for the land to be acquired. 5.In the light of the above, the writ petition is disposed of directing the petitioner to submit an affidavit of undertaking not to put up any construction on the eastern side of his property to the extent of 23.78 M2 and keeping the area clear and also undertake to surrender the portion for implementation of road widening without prejudice to the petitioner's right to claim compensation. If such affidavit is filed, the respondents shall consider the same and process the application in accordance with the statutory provisions. No costs. Consequently, connected Miscellaneous Petition is also closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rg To 1 The Commissioner Corporation of Chennai Rippon Building Chennai 3 2 The Assistant Executive Engineer Corporation of Chennai Zonal Office - Zone 11 Chennai 3 The Assistant Executive Engineer Corporation of Chennai Division No.154 Zonal Office No.11 Arcot Road Valasarawakkam Chennai
4 The Member Secretary Chennai Metropolitan Development Authority No.1 Gandhi Irwin Road Egmore Chennai 8 1 CC to Mr.L.Chandrakumar, Advocate SR.No. 9947 W.P. No.4591 of 2015 and M.P.No.1 of 2015 LRS (CO) PSI (05.03.2015)