Disposed

Shri.Anand J Danani v. The Government of Tamil Nadu

Madras HC25 Jul 2023WP/10779/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an order regarding illegal construction in the Coastal Regulatory Zone. While the court did not delve into specific arguments immediately, it directed the Government to demolish any such constructions within one month and take action against responsible officials if compliance fails.

What did the court decide?

Direction to the Government to demolish illegal constructions within one month and take action against responsible officials if not removed.

Shri.Anand J Danani Vs The Government of Tamil Nadu — Land Acquisition | Madras HC (2023)

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W.P.No.10779/2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :: 25-07-2023

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CORAM

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THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

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AND

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THE HONOURABLE MR.JUSTICE K.RAJASEKAR

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W.P.No.10779 of 2018

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Anand J.Danani ... Petitioner

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-vs-

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1.The Government of Tamil Nadu, rep. by its Secretary, Department of Environment, Fort St.George, Chennai-600 009.

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2.Member Secretary, Local Planning Authority, Mamallapuram, Kanchipuram District – 603 104.

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3.Commissioner, Town and Country Planning, 807, Anna Salai, Chennai – 600 002.

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4.Additional Secretary (Technical), Housing and Urban Development Department, Fort St.George, Chennai-600 009.

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https://www.mhc.tn.gov.in/judis

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W.P.No.10779/2018

5.J.M.Amanullah

6.Sify Technologies Limited

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Respondents

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Writ Petition under Article 226 of the Constitution of India, praying for issuance of a writ of Certiorarified Mandamus, to call for the records of the fourth respondent culminating in his order bearing reference Letter No.27438/UD4(1)/2017-1, dated 18.12.2017, quash the same and direct the second respondent to effect demolition of the illegal construction put up by the fifth respondent in Survey No.108/61, 1B1 and 1B2, and have the land restored to its original condition.

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For Petitioner : Mrs.L.Maithili, for M/s.L.Maithili Associates.

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For Respondents 1 to 4 : Mr.A.Selvendran, Spl.Govt.Pleader.

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For Respondent 5 : Mr.D.S.Rajasekaran

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ORDER

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(By S.Vaidyanathan,J .)

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Fifth respondent would submit that the building in question has been constructed within the prohibited zone and, even though permission is granted by the Planning Authority, he is willing to demolish the building. He would further submit that there are several buildings that are constructed in violation and well within the Coastal Regulatory Zone (CRZ), which is a prohibited area, and that the petitioner is interested in having his building constructed.

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https://www.mhc.tn.gov.in/judis

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W.P.No.10779/2018

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We are not inclined to go into that aspect for the present. However, we

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make it clear that the Government shall take steps to ensure that no building is constructed in the prohibited area and the buildings, if any, constructed therein, are removed within a period of one month from the date of receipt of a copy of this order, if the contention of the fifth respondent is correct. If the illegal constructions, if any, are not removed as stated above, Government shall take appropriate action against the officials, who are responsible for the same.

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Writ Petition is disposed of accordingly. No costs. Consequently, the

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connected W.M.P.No.12724 of 2018 is closed.

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dixit

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(S.V.N.,J.) (K.R.S.,J.) 25-07-2023 (2/2)

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1.The Government of Tamil Nadu, rep. by its Secretary, Department of Environment, Fort St.George, Chennai-600 009.

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https://www.mhc.tn.gov.in/judis

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W.P.No.10779/2018

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2.Member Secretary,

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Local Planning Authority, Mamallapuram, Kanchipuram District – 603 104.

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3.Commissioner, Town and Country Planning, 807, Anna Salai, Chennai – 600 002.

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4.Additional Secretary (Technical), Housing and Urban Development Department, Fort St.George, Chennai-600 009.

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https://www.mhc.tn.gov.in/judis

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W.P.No.10779/2018

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S.VAIDYANATHAN,J. AND K.RAJASEKAR,J.

dixit

W.P.No.10779 of 2018

(2/2)

25-07-2023

https://www.mhc.tn.gov.in/judis

Shri.Anand J Danani v. The Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Shri.Anand J Danani v. The Government of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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Shri.Anand J Danani Vs The Government of Tamil Nadu