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

JUDGEMENT

(1.) The Hon'ble Division Bench of this Court, vide its judgment dated 30.07.2018 passed in W.A.No.1603 of 2016, while setting aside the order passed by the learned Single Judge in W.P.No.26755 of 2016, dated 23.09.2016, has remitted the matter back to the learned Single Judge to address the issue as to whether the planning permission obtained by the Central Government Employees Welfare Housing Organization / first respondent herein in 2014 by showing the entire 26.58 acres in one composite block is in order or not and whether the proposed development would have the effect of diminishing the UDS that has been allotted and subsequently sold to the members of the petitioner Association. Therefore, since the matter before me is after remand by the Hon'ble Division Bench, I am inclined to deal only with the above issues indicated by the Hon'ble Division Bench.

(2.) Heard Mr.U.M.Ravichandran, learned counsel for the petitioner, Mr.P.B.Sampathkumar, learned counsel for the first respondent and Mr.Karthikrajan, learned standing counsel for the second respondent.

(3.) It is seen that the writ petitioner, who is an Association of the apartment owners, had purchased apartments from the first respondent organization, who had constructed apartments of various sizes in an extent of 26.58 acres and then allotted the same to both former and present Central Government Employees. While getting approval for development of the project, the entire area to 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. It is also stated that the total extent of the built up area as per the approved plan sanctioned in the year 2006, was about 1,38,156 sq.mts. Although approval was obtained for construction of 1,38,156 sq.mts., equivalent to 14,85,792 sq.ft., the entire project was not completed and that the construction was put up only to an extent of 11 acres 31 cents and then sale deeds were executed to the allottees concerned. Thereafter, the first respondent Organization had applied to the Chennai Metropolitan Developing Authority (CMDA) seeking approval for a revised planning permission including the area of 11.31 acres and also showing the entire area of 26.58 acres as land to be developed and obtained approval afresh in the year 2014 for construction of atleast 10 Blocks of Multi Storied Buildings in the remaining area. They have also shown the total planning area as 1,97,505.34 sq.mts. and shown the proposed construction area as 1,34,391.20 sq.mts., excluding the earlier construction made to an extent of 63,114.17 sq.mts., therefore, the petitioner Association challenged the advertisement issued by the first respondent organization inviting applications for sale of the Flats that are proposed to be constructed.