M.D. VARADHARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner, without obtaining planning permission, and by flouting the planning regulations with impunity, constructed stilt + 4 floors, residential building with 32 dwelling units. The application submitted after completion of construction was rejected by Chennai Metropolitan Development Authority, primarily on the ground that the land is part of an unapproved industrial layout. The order passed by the Government upholding the decision taken by CMDA is the subject matter of this writ petition.

(2.) THE petitioner purchased an extent of 37.90 cents of land in New S.No.56/3, Gerumbakam Village, Sri Perumadur Taluk, vide registered document dated 1 March 2010. The petitioner after taking no objection from Airports Authority of India, made an application for planning permission before CMDA. The CMDA returned the application pointing out certain defects. The petitioner re -presented the application after complying with the deficiencies noted by CMDA. The CMDA ultimately rejected the application for building permit vide proceedings dated 9 November 2011. The CMDA, besides other reasoning, indicated that the land is part of an industrial layout. The order rejecting planning permission was challenged before the Government. The Government after giving an opportunity of hearing to the petitioner, confirmed the order passed by CMDA. The said order is under challenge in this writ petition.

(3.) THE learned counsel for the petitioner contended that the petitioner approached the authorities even prior to his purchase of land. The authorities informed him that the land was classified as primary residential area. It is therefore, not open to the CMDA to reject the application on the ground that the land is part of an unapproved residential layout.