J SHANTHI Vs. COLLECTOR KANCHEEPURAM DISTRICT

JUDGEMENT

(1.) THE writ petition is filed by the petitioner for direction against the respondents to accept the gift to an extent of 20 cents comprised in Part of S. F. No. 1351/5a in Thaiyur Village and Panchayat on behalf of the said Panchayat towards "open space reservation", as stipulated in the planning permit bearing No. Na. Ka. 10236/2009 BA2 dated 11. 08. 2009.

(2.) THE writ petitioner is the absolute owner of the vacant land measuring 2. 00 acres comprised in Survey No. 1351/3a and 1351/5a in Thaiyur village, Chengalpattu Taluk, Kancheepuram District. She applied for a planning permit on 27. 02. 2009, for constructing residential apartments on the above said site to the Commissioner of Town and Country Planning, Chennai 2. The said application was considered and sanction order was passed on 11. 08. 2009, permitting the petitioner to construct 184 residential apartments with direction to given an extent of 20 cents to the Thaiyur Village Panchayat towards open space reservation, for which the petitioner has executed a registered gift deed in favour of the second respondent Panchayat.

(3.) IN the counter affidavit filed by the second respondent Panchayat President, while it is admitted that the Commissioner of Town and Country Planning has granted permission on 11. 08. 2009, to the petitioner for construction of apartments and that the petitioner has approached the second respondent for accepting the gift deed, it is stated that on perusal of the plan it was found that the approach road was shown as 60ft. road and the petitioner has not produced any legal evidence for the same. It is stated that the approach road to the Thaiyur village is only 27 feet and therefore, the second respondent has written to the Highways Department to find out its correctness. It is stated that the petitioner has not produced the copy of the sanctioned CMDA plan, and therefore, the second respondent has disputed the plan submitted by the petitioner for approval to the competent authority.