MOORTHY Vs. DISTRICT COLLECTOR, KANCHEEPURAM DISTRICT AT KANCHEEPURAM

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner and the Learned Special Government Pleader for the Respondents.

(2.) According to the Petitioners, the present Writ Petitions are filed against the impugned notice ordering them to remove the encroachment for their residences situated in Survey Nos.306 and 306/3C at Varadharajapuram, Village No.93 in Sriperumbudur Taluk on the premise that they are obstructing the water flow into Adayar River. As a matter of fact, hundreds of plots/flats in the same Survey Number were approved by the Chennai Metropolitan Development Authority and they are not an approved one.

(3.) The stand of the Petitioner is that the Master Plan for CMDA 2026 shows that as per the resolution of the CMDA authority in 148/2013 in S.Nos.241/2A2, 2B and 246/2A the water body land was reclassified into PR and gazetted on 29.01.2014 and the plan indicates that numerous agricultural lands were classified into PR facilitating the real estate to convert them into plots which consist of hundreds of flats. In short, the action of the Respondents is an irrational and unreasonable and discriminatory one which defeats the objects of removing the encroachment and therefore, it is violative of Articles 14, 16 and 21 of the Constitution of India.