P V DEVAKUMAR Vs. MEMBER SECRETARY CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY, THALAMUTHU NATARAJAN MALIGAI

JUDGEMENT

(1.) The prayer in the writ petition is as follows:

(2.) According to the petitioner, he purchased the property at Door No. 19, I Main Road,Gandhi Nagar, Adyar, Chennai 20, by way of a registered sale deed for valid consideration. In order to develop the above said property, he approached the respondent for constructing commercial building. The respondent refused to grant permission. Thereafter, he approached the Corporation of Chennai for reclassification of the site in T.S. No. 74, Block No. 37 of Kottur Village at Door No. 19, I Main Road, Gandhi Nagar, Adyar, Chennai 20, from primary residential use zone to mixed residential use zone. The Corporation recommended for mixed residential zone in their proceedings dated 01.12.1995 to the respondent.

(3.) After calling for objection regarding reclassification, the respondent approved the reclassification of the site into mixed residential zone on 26.03.1996 and sent an intimation to the petitioner by letter dated 09.04.1996. After reclassification, the petitioner, in order to develop the suit property, submitted a construction plan for approval along with scrutiny fee. Once again his request was turned down. Meanwhile, a notification was published in the Tamil Nadu Government gazette on 18.06.1997. After publication of the reclassification, the petitioner submitted an application for planning permission for the same site on 07.07.1997 to the respondent. Again his request was turned down, citing certain irregularities. Accordingly, on 07.08.1997, the petitioner, resubmitted a revised plan for the proposed construction, after rectifying the violations. Again, on 28.08.1997, the respondent returned the planning permission application, citing some irregularities and some alterations in the plan. The petitioner, on 10.09.1997, again resubmitted a revised plan, rectifying the violations. Again, the same was rejected by the respondent. The respondent thrice returned the planning permission of the petitioner by citing violation of Floor Space Index (FSI). In view of the same, the petitioner submitted a petition on 15.10.1997 to the Vice Chairman of the respondent, with a request to approve the plan. However, by letter dated 10.11.1997, the respondent rejected the application stating that the Development Control Rules (DCR) has been amended restricting the allowable FSI for commercial development to 1.50 m., hence the petitioners request to consider the proposal with FSI 2.00 m. is not acceptable. The amendment of Rule issued in G.O.Ms. No. 305 Housing and Urban Development dated 10.09.1997 is not having any retrospective effect, and applying the amended Rule with retrospective effect in so far as the petitioner's application for planning permission which was made long earlier is totally illegal, unreasonable and without jurisdiction. Hence, he filed the present writ petition.