KENDRIYA VIHAR II APARTMENT OWNERS WELFARE ASSOCIATION Vs. CENTRAL GOVERNMENT EMPLOYEES WELFARE HOUSING ORGANIZATION

JUDGEMENT

(1.) The challenge in this intra Court Appeal is to the order of the learned Single Judge dated 23.09.2016, made in WP No.26755 of 2016, in and by which, the learned Single Judge disposed of the Writ Petition filed by the appellant Association recording the statement made by the learned counsel for the 1st respondent Organisation to the effect that no new construction will be put up for phase III project in the extent of 11.31 acres set apart for Phase II.

(2.) The Writ Petition came to be filed by the petitioner/appellant herein which is an Association of the apartment owners who had purchased apartments from the 1st respondent Organisation. The 1st respondent Organisation had promoted a scheme for Housing of both former and present Central Government employees. A total extent of 26.58 acres was to be developed by constructing apartments of various sizes and allot the same to both former and present Central Government employees. While getting approval for development of the project, the entire area of an extent of 26.58 acres was shown as one block and the planning permission was obtained for construction of nearly 400 residential units, spread over the entire extent of 26.58 acres. The total extent of the built up area, as per the approved plan, which was sanctioned in the year 2006 was about 1,38,156 sq.mts. Though approval was obtaining for construction of 1,38,156 sq.mts equivalent to 14,85,792 sq. feet, the entire project was not completed, the construction was put up only over an area of 11 acres 31cents and the sale deeds were executed to the allottees concerned.

(3.) Thereafter, it appears that the 1st respondent Organisation had applied to the Chennai Metropolitan Development Authority seeking approval for a revised planning permission. While doing so, the 1st respondent Organisation included the area of 11.31 acres also by showing the entire area 26.58 acres as land to be developed and obtained approval afresh in the year 2014 for construction of at least 10 Blocks of multi storied buildings in the remaining area. While doing so, the total planning area was shown as 1,97,505.34 sq.mts, the proposed construction itself was to measure 1,34,391.20 sq. mts., excluding the earlier construction made an extent of 63,114.17 sq. mts. Though the appellant Association challenged the advertisement, issued by the 1st respondent Organisation inviting applications for sale of the Flats that are proposed to be put up, its grievance was that by including the land measuring about 11.31 acres, which was already developed, as a part of the new proposal and obtaining a planning sanction for construction of much a larger extent of 1,34,391.20 sq.mts., which would mean that the total area of construction in the entire extent of 26 acres 58 cents would be 1,97,505 sq.mts. as against the original sanctioned extent of 1,38,156 sq.mts.