MEMBER SECRETARY CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY Vs. UNITED COLONY FLAT OWNERS WELFARE ASSOCIATION

JUDGEMENT

(1.) THIS appeal has been preferred by the Chennai Metropolitan Development Authority, (hereinafter referred to as 'cmda') against order dated 22nd Feb. , 2007, passed by learned single Judge in W. P. No. 19769/06. By the said order, learned single Judge set aside the objection as was raised by CMDA, vide reason No. (i), cited in the impugned order dated 9th May, 2006, and the respondent United Colony Flat Owners Association (hereinafter referred to as 'association') was directed to resubmit the planning permission application before the CMDA after complying with the other conditions contained in the said order dated 9th May, 2006 from S. Nos. 2 to 12. The CMDA, in its turn, has been directed to examine the same in accordance with law with particular reference to Rule 17 (e) read with Annexure XV to the Development Control Rules and to pass appropriate orders thereon.

(2.) THE first respondent is a registered Association whose members had purchased residential flats from the Tamil Nadu Housing Board in the land in survey field No. 168, old survey No. 41/5b, 41/2ab and 41/6ab, bearing Door No. M38-A to M38-L, 39-A to 39-F and 40-A to 40-L, West Avenue, Kamaraj Nagar, Thiruvanmiyur, Chennai. The total extent of land over which all those tenements are constructed and sold by Tamil Nadu Housing Board is 2,634 sq. mtrs. The members of the association joined together and decided collectively to demolish all the units and to develop an Information Technology Park and application in this regard was made before the CMDA on 23rd Aug. , 2005. Initially, by a communication dated 3rd Feb. , 2006, CMDA informed the association that the site in question falls under 'mixed Residential Use Zone' and since the site was in Tamil Nadu Housing Board approved residential layout, a multi-storied building (MSB) or building for Information Technology was not permissible. However, it was stated in the same letter that the ordinary buildings (ground floor + first floor) and special buildings (ground + 3 floors or stilt + 4 floors) on road of 10 mtrs. , for IT/commercial/retail and Shopping/residential uses are permissible subject to the satisfaction of the road width requirement and Development Control Rules. The association was asked to obtain 'no Objection Certificate' from Tamil Nadu Housing Board as a pre-requisite condition for approval of ordinary/special building in the site under reference. At that stage, the association preferred a writ petition, W. P. No. 1198/06 for a direction on the CMDA to entertain, consider and grant approval for demolition and construction of a new building, without insisting on production of NOC from the Tamil Nadu Housing Board. The said writ petition was disposed of on 14th Feb. , 2006, in favour of the association with a direction to CMDA to receive the application for building plan for approval and to process the same on merits without insisting on production of NOC from the Tamil Nadu Housing Board. It is only thereafter the CMDA rejected the claim setting out 12 reasons, first of which reads as follows :-

(3.) SIMILAR ground was taken by CMDA before the writ court as was shown in the order dated 9th May, 2006, as also before this Court. According to them, the site under reference lies in an approved residential layout, wherein the proposed activity, viz. , IT park was not permissible. Layout plan was also produced before learned single Judge to show that there is a Thiruvanmiyur neighbourhood scheme as approved in LPS/dtp No. 28/74 and 49/74. Therefore, according to CMDA, that being the admitted position as the site under reference falls under an approved residential layout, it cannot be allowed for development of IT park.