M BALAKRISHNAN BHATT Vs. CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) WRIT Petition No.14592 of 2012 is filed praying to issue a WRIT of Mandamus, directing the respondents 1 and 2 to receive, consider, process and approve the petitioners' application for demolition and reconstruction by issuing planning permission for construction of residential special building after demolishing the existing building in accordance with law of their property at Block No.36, P.T.Rajan Salai, K.K.Nagar, Chennai-600 078 comprised in S.No.32/1 (Part) Block No.27 of Kodambakkam Village, Mambalam-Guindy Taluk, Chennai-78 without insisting on production of No Objection Certificate from the third respondent or any other Authorities concerned and to accord sanction for the same in accordance with law expeditiously.

(2.) WRIT Petition No.14593 of 2012 is filed praying to issue a WRIT of Mandamus, directing the respondents 1 and 2 to receive, consider, process and approve the petitioners' application for demolition and reconstruction by issuing planning permission for construction of residential special building after demolishing the existing building in accordance with law of their property at Block No.33, P.T.Rajan Salai, K.K.Nagar, Chennai-600 078 comprised in S.No.32/1 (Part) Block No.27 of Kodambakkam Village, Mambalam-Guindy Taluk, Chennai-78 without insisting on production of No Objection Certificate from the third respondent or any other Authorities concerned and to accord sanction for the same in accordance with law expeditiously.

(3.) SIMILAR issue with regard to the insistence of no objection certificate from Tamil Nadu Housing Board was considered by a Division Bench of this Court in W.A.No.1052 of 2007 (The Managing Director - vs. - Lancor G:Crop Properties Limited and another) where it has been clearly held that the Housing Board has no right over property developed and sold to the individual allottees. The petitioners have enclosed sale deeds to show absolute ownership. The only restriction appears to be that the property developed for residential purpose should not be commercial use. The petitioners' plea is only for demolition and reconstruction as residential property.