JINI DHANRAJGIR Vs. COMMISSIONER

JUDGEMENT

(1.) Appellants are aggrieved by the permission granted on 12.03.2001 by the first respondent for the sub division of old door No.5, New No.11, Dr. P.V. Cherian Crescent, Egmore, Chennai, belonging to the third respondent and his children, into four plots and the separate planning permissions granted on 16.05.2001 to put up four dwelling units in buildings consisting of ground and first floor in each one of the sub divided plots. The fourth respondent is the builder. The first respondent granted the impugned permissions as the delegate of the second respondent which has framed the Development Control Rules (Rules) under the Tamil Nadu Town and Country Planning Act, 1971.

(2.) Appellants are close relatives of the late wife of the third respondent, one of them being her sister, others being her nephews. The plots with buildings owned by them, and the plot on which a building had existed and is now sub divided, are part of the larger property that was owned by late Dr. P.V.Cherian, a former Governor, father of the first appellant, and father in law of the third respondent. In the plot owned by the first appellant which abuts the Cherian Crescent formerly known as Victoria Crescent, two large multi storeyed apartment complexes have been constructed. The construction of a similar multi storeyed building exceeding two floors being impermissible on the plot belonging to third respondent and his children, by reason of the width and road abutting it being less than 30 feet, sub division had been sought and obtained in order to put up four separate buildings consisting of ground plus first floor.

(3.) Old door No.5 measures East 90' West 133', South 148', and North 141'. A portion of the eastern 90' abuts the road leading to it and the neighbouring plot, from the Cherian Crescent. The approved sub division provides for a 12' wide passage (carved out of the old No.5 New No.11) from part of the portion abutting that road and provides access to the sub divided plots B, C, D, the access to plot A being from the remaining portion of the original plot abutting that road. Plot A measures East 45', West 38.16' + 2'.13", South 79'.6" and North 69'.3". Plot B measures East 33', West 50'.3" + 12', South 91'7.5." North 79'.6". Plot C measures East 55'.1.5", West 53'.9", South 51' 8.5", North 55'.8". Plot D measures east 50'.3" + 12', West 79'.3", South 56' 7.5" and North 51'.8.5." The road coming in from the Cherian Crescent through the larger property that was owned by Dr.P.V.Cherian abutting that crescent, and which is a 'L' shaped road, was apparently laid when the property was divided among his wife and children after his demise, and measures about 264' in length, has a width of 24' at it's narrowest point and 26.8" at it's widest.