TAMIL NADU HOUSING BOARD (PALLAVAN NAGAR) RESIDENTIALS WELFARE ASSOCIATION, PALLAVAN NAGAR, KANCHEEPURAM REPRESENTED BY ITS SECRETARY S. JAYARAMAN Vs. THE EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER, VELLORE HOUSING UNIT, SATHUVACHARI, VELLORE,

JUDGEMENT

(1.) As requested by both sides, main writ petition itself is taken up for final disposal. Tamil Nadu Housing Board (Pallavan Nagar) Residents' Welfare Association, Kancheepuram, aggrieved by the Notification of the Executive Engineer and Administrative Officer, Vellore Housing Unit, published in "Dhina Bhoomi" Daily dated 17 -03 -2002 calling for applications from the eligible persons for allotment of houses, has filed the above writ petition to quash the same on various grounds.

(2.) The case of the petitioner is briefly stated hereunder: According to them, the petitioner Association is a registered Association under the Societies Registration Act. The first respondent Board in 1980 have proposed to form out a neighbourhood scheme at Kancheepuram. For that purpose, 51.78 acres of Patta land were acquired through the third respondent. After getting 3.31 acres by way of assignment from the Government, a development plan was prepared by the first respondent which was approved by the second respondent in his proceedings dated 11 -2 -81. The approved plan prescribes certain places as non -saleable areas. 5.07 per cent area was left for school and play ground to the extent of 1,21,653 sq.ft. and 10.50 per cent area was left for park and open spaces to the extent of 2,51,968 sq.ft. After completing the developmental facilities and laying of the roads and the construction of houses, the first respondent herein called for applications from the public for the purchase of individual houses under the hire purchase and also out right purchase basis during the years 1985, 1992. The cost of each house is calculated on the basis of the land cost, including the land acquisition enhanced cost, development charges, amenities, construction charges and service charges. As per the allotment order, the allottee should form a co -operative society for the purpose of maintenance within the 6 months period failing which the Board will withdraw from the maintenance. The allottees have paid the maintenance charges to the first respondent Board till 1993. The whole non -saleable area was handed over to the Sevilimedu Town Panchayat except school and play ground, Tamil Nadu Housing Board Field Office and Land Bank. After taking over the maintenance, the said panchayat is levying property tax and water tax and the panchayat is maintaining the roads, streets, lights, sanitary convenience, water, etc. Though many institutions came forward with starting of a school in the area reserved for school and play ground, it seems the first respondent refused to part with the area. Thus, no other place is reserved for the school except in S.No. 582 and 581/4. The residents are sending their children to Kancheepuram for even Kinder Garden School. Without reference to the difficulties of the allottees, the second respondent had given approval for reduction of the area earmarked for school and play ground without following the procedure laid down in the Tamil Nadu Town and Country Planning Act, 1971 (in short "the Act"). Hence the present writ petition.

(3.) The Executive Engineer and Administrative Officer, Tamil Nadu Housing Board, Vellore/first respondent herein has filed a counter affidavit disputing various averments made by the petitioner. It is stated that in order to form Kancheepuram Neighbourhood Scheme, Phase -I, an extent of 28.07 Hectare of land was placed under the disposal of the Tamil Nadu Housing Board by L.A. authorities. The lay out was prepared and approved by the Deputy Director of Town and Country Planning, Chengalpattu Region, Madras vide CR/DTCPM 81 -17 LP No.12 dated 11 -2 -81. In the approved lay out, residential plots, area reserved for flats, shopping and commercial community buildings like school and hospital totally to an extent of 13.82 Hectare have been reserved as buildable/saleable area. After the revised layout was approved by D.T.C.P. for the actual extent of 55.07 Acre, an extent of 11,301 Sq.Metre (1,21,653 Sq.ft) was earmarked for school and playground under saleable area. The tentative cost of school site is Rs.48 lakhs during the year 1997 -98. It is lying vacant for long period. Finally an advertisement was made in Newspaper and auction conducted on 5 -3 -98, but there was no response. In order to safe guard the Board's property, it has been proposed to convert a portion of school site area into residential plots; accordingly the land use conversion has been got approved by the competent authority (Government) and another revised layout was approved by DTCP dated 21 -3 -2001. In the revised lay out also, an extent of 6437 Sq.Metre was earmarked as school site under saleable area. Further, 41 residential plots are also incorporated in the revised layout. For all 41 houses amount has been collected towards non -refundable initial deposit amount of Rs.60.50 lakhs. At this juncture the petitioner Association filed the above writ petition and obtained an order of stay of all further proceedings. After getting the land, a lay out was prepared and duly approved by the Deputy Director of Town and Country Planning, Chengalpattu Region dated 11 -2 -81 and the contrary statement made by the petitioner is incorrect. Since no one has come forward to purchase the site for running a school, a portion of the area alone was duly converted into a residential site, in addition to providing an extent of 6,437 Sq.Metre in the same for any future school to come up. The conversion was approved by the competent authority as well as DTCP. Regarding non -availability of school in and around their residential area, it is stated that about 11 schools are located within 1 K.M. from Kancheepuram Neighbourhood Scheme Phase -I Scheme area.