AI Structured Summary
Not yet generated for this judgment
Judgment
Vinod K. Sharma, J.—The Petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer
for issuance of a writ in the nature of mandamus directing the Respondents 1 and 2 to entertain, consider and grant the approval to the demolition
and reconstruction, Planning permit and building approval for the new construction comprised in Survey No. 1273/1 Part, 1273/2 part and 1260/1
part, T.S. No. 147 and Block No. 49 of Ko. Village, Block No. H-71, 72 and 73 of Periyar Nagar Central avenue, Korattur, Chennai 600 080
measuring 19947 sq.ft. without insisting the NOC from the third Respondent herein or any other authority so long as the proposed new
construction is in accordance with the development Rules.
The case pleaded in the affidavit to the writ petition is that the Managing Director of M/s. Green Peace Construction Pvt. Ltd. has submitted a
plan to construct new residential flats consisting of stilt plus 4 floors at the premises referred to above.
M/s. Green Peace Construction Pvt. Ltd. wants to demolish the existing superstructure which is 30 years old which was originally promoted by
the Taminadu Housing Board, the third Respondent herein and was allotted to the present owners M/s. Ruby Priyadarshini and others.
The owners of the property entered into joint development agreements with M/s. Green Peace Construction Pvt. Ltd. to demolish, reconstruct
and allot the individual flats to the original owners as well as the third party purchasers. In order to achieve this object, M/s. Green Peace
Construction Pvt. Ltd. applied for sanctioning of plan permit.
The case of the Petitioner is that the Respondents 1 and 2 are not considering the application for want of No objection Certificate from the
Tamilnadu Housing Board.
The learned Counsel for the Petitioner challenged the action of the Respondents 1 and 2 for demanding NOC from Tamilnadu Housing Board
by placing reliance on the judgment of this Court in W.A. No. 1052 of 2007 decided on 28.08.2007 and decision of this Court in the case of
Ramakrishna Nagar flat Allottees/Owners'' Co-operative Housing Society v. Tamil Nadu Housing Board (1997 TLNJ 420)
The learned Counsel for the Respondents opposed this writ petition on the plea that as per the terms of original allotment, the building is to be
used only for residential purpose and no other purpose.
On consideration, I find force in the contention raised by the learned Counsel for the Petitioner. This Court is not to consider at this stage,
whether the building plan submitted by the Petitioner is in order or not. It is for the Respondents 1 and 2 to sanction or refuse the sanction plan
submitted by the Petitioner in accordance with law. The only question raised is that the Respondents 1 and 2 cannot insist on N.O.C. from third
Respondent.
The learned Counsel for the Petitioner is right in contending that the Tamilnadu Housing Board has no role to pay after transfer of ownership of
the land as held by this Court in the case of Ramakrishna Nagar flat Allottees/Owners'' Co-operative Housing Society v. Tamil Nadu Housing
Board (supra).
For the reasons stated, this writ petition is allowed. A writ in the nature of mandamus is issued to the Respondents 1 and 2 to consider the plan
submitted by the Petitioner in accordance with law without insisting on NOC from Tamilnadu Housing Board. No costs. Connected miscellaneous
petition is closed.