PONNAIYAH RAMAJAYAM INSTITUTE OF SCIENCE AND TECHNOLOGY TRUST Vs. THE DIRECTOR OF TOWN AND COUNTRY PLANNING AND ORS.

JUDGEMENT

(1.) THIS Writ Petition has been filed challenging the impugned order passed by the second respondent in and by his proceedings in Na.Ka. No. 319/2013, dated 07.04.2015 and consequential direction to the respondents to grant planning and building permission to the petitioner institution.

(2.) IT is averred in the affidavit that the petitioner Trust is running various educational institutions in the State of Tamil Nadu and is also having a Deemed University in the name and style of Ponnaiyah Ramajayam Institute of Science and Technology (PRIST University). Earlier, the petitioner trust proposed to construct an Engineering College and also obtained necessary building plan approval from the local body viz., Vallam Town Panchayat on 17.05.2007, for construction of some buildings. Since the first respondent being the competent authority, as per the All India Council for Technical Education Regulations, the petitioner had applied to the second respondent for granting of building plan permission on 12.04.2012. After receipt of the same, the second respondent herein directed the petitioner to submit some more particulars to forward the plan to the first respondent herein by a letter dated 25.06.2012. Pursuant to the same, on 29.08.2012 the petitioner had submitted all the required documents. Even thereafter, the second respondent sent various communications directing the petitioner to submit some more documents and in obedience to the same, the petitioner also submitted all the required documents and after receipt of the same, the first respondent had granted planning permission by a letter dated 23.08.2013 on condition that the petitioner has to execute a Gift Deed for Open Space Reservation (OSR) Area of 5390 Sq. Ft. along with approach road and to obtain No Objection Certificate from Public Works Department Authority for construction of a small bridge across the water channel. In fact, by letter dated 26.04.2013, the second respondent sent a communication to the petitioner stating that so far as the area reserved for open space reservation, the petitioner has not executed a Gift Deed in favour of the local body and directed the petitioner to execute a Gift Deed within a period of one week. Apart from that, the petitioner was also directed to get a No Objection Certificate for construction of a small bridge across the water channel. On receipt of the same, the petitioner had executed a Gift Deed in favour of Vallam Town Panchayat dated 17.04.2013, duly registered in the Sub Registrar Office, Vallam and handed over the copy to the second respondent on 26.04.2013, which was also acknowledged by the second respondent. Even thereafter, the second respondent went on issuing letters directing the petitioner to submit so many documents which are not relevant for building approval. While so, on 07.05.2013, the petitioner had sent a detailed letter expressing their displeasure for the indifferent attitude of the second respondent as the petitioner has already obtained permission from the Tahsildar, Thanjavur on 27.08.2007 itself, for constructing a small bridge and only after obtaining the permission from the Tahsildar, they had constructed a bridge and hence, there is no necessity for getting further No Objection Certificate from Public Works Department. However, in order to comply with the direction of the second respondent, on 12.02.2013, the petitioner had approached the Executive Engineer, Public Works Department, Tanjavur, for issuance of No Objection Certificate for the bridge already constructed in rain water canal. Since, the Public Works Department delayed to grant permission, the petitioner had filed a Writ Petition before this Court in WP(MD) No. 10581 of 2014, seeking direction to the Public Works Department to issue No Objection Certificate and this Court by order dated 11.07.2014, directed the Public Works Department to consider the request of the petitioner and pass appropriate order. Thereafter, by order dated 09.12.2014, the Executive Engineer, GA Canal, Thanjavur, issued a No Objection Certificate to the petitioner. After receipt of the same, on 17.12.2014, the petitioner had submitted the same to the second respondent and also requested them to process the documents and to issue necessary building plan approval at the earliest point of time as directed by the first respondent.

(3.) THE respondents have filed a counter affidavit inter alia stating that the first respondent had granted technical sanction for the petitioner's college building with the following conditions: