The High Court dismissed a writ petition challenging a Government order that regularized construction violations and granted exemption. The Bench held that no further action was required regarding violations committed 30 years ago.
The writ petition stands dismissed. No costs. Connected miscellaneous petitions are closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.18340 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :27.03.2023
CORAM :
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
Writ Petition No.18340 of 2009 and MP.Nos.2 and 3 of 2009
Anna Nagar Plaza Owners Association, (Regn.No.1 38/97) rep. by its Secretary Mr.J.Govindarajan, C-47, Anna Nagar Plaza, Shop No.14, 1st Floor, II Avenue, Anna Nagar, Chennai – 600 040.
... Petitioner
-Vs-
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No.8, Gandhi Irwin Road, Egmore, Chennai - 600 008.
[R5 impleaded as per order dated 07.11.2019 made in WMP.No.30869 of 2019 in W.P.No.18340 of 2009 by VBDJ]
Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent pertaining to G.O.Ms.No.73 (Housing and Urban Development (UD-VI), 25.5.2009) and quash the same and further direct the respondents to restore the building to its original first approved master plan.
For Petitioner : Mr.V.Anand For Respondents : Mr.T.Arunkumar Additional Govt. Pleader [R1] Mr.D.Veerasekaran TNHB [R2 and R3] Mrs.R.Revathy CMDA [R4]
ORDER
Government order issued in G.O.Ms.No.73, Hoursing and Urban
Development (UD-VI, 25.05.2009) granting exemption in respect of the building constructed by the Tamil Nadu Housing Board from certain
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provisions of the Development Control Rules of First Master Plan for Chennai Metropolitan Area is under challenge in the present writ petition.
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Board, thus, the Tamil Nadu Housing Board approached the Government for granting exemption under the Building Control Rules in respect of the violations made in the commercial complex.
the set back areas and duly got approval from the Government vide G.O.Ms.No.73, Housing and Urban Development (UD-VI), dated 25.05.2009. The space meant for generator, electrical, transformers was converted into eight shops and two of these were sold to the general public and the remaining six shops are in possession of the respondent Housing Board. As such there is no unauthorized construction in the basement as stated by the petitioner.
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| Sl.No. | Description | Area in Sq.Meter |
|---|---|---|
| 1. | Plot Extent (as per site) | 3720.29 |
| 2. | Plot extent (as in approved plan) |
3516.35 |
| 3. | Basement Floor (FSI Area) | 301.65 |
| 4. | Ground Floor(FSI Area) | 1609.29 |
| 5. | First Floor (FSI Area) | 1609.20 |
| 6. | Second Floor (FSI Area) | 1592.25 |
| 7. | Third Floor (FSI Area) | 1592.25 |
| 8. | Total | 6702.73 |
| 9. | Plot Coverage | 46.61 |
| 10. | FSI | 6702.73/3720.29 1.80 |
design for office cum shopping complex also has been narrated in paragraph 4 of the counter affidavit filed by the Tamil Nadu Housing Board/second respondent, which reads as under:
“4.I respectfully submitted that the original Layout and Typed Design for Office cum Shopping Complex in Plot No.C-47 at Anna Nagar was approved in the year 1988 vide PPLO.No.61 A to E/88 and Letter No.D2(L)/4943/88, dt. 30.05.88. The Office cum Shopping Complex was constructed during the year 1990-1991. As per the practice followed by the respondent/Board, the
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maintenance was handed over to the petitioner – Association. The respondent/Board was forced to shift the provisions such as the Meter/Generator and Transformer rooms from the basement floor to the rear set back area based on the direction of TANGEDCO. As a result, the area earmarked for these provisions were converted into shops as they were not covered under floor space index and parking area. The petitioner had filed W.P.No.25526/2004 before the Hon'ble High Court of Madras to direct the 3rd respondent to demolish the unauthorized construction in the basement, Ground Floor and First Floor. The Hon'ble High Court of Madras in it order dated 28.04.2006, had held that:
“The Government of Tamil Nadu is directed to refer to its proceedings in Letter No.P.12/1012 /2003 in and by which it had already called for remarks from the Chennai Metropolitan Development Authority. If it is of the opinion that in considering the issue in that proceeding, any decision adverse to the fourth respondent herein is likely to be taken, then before taking any such decision, it shall issue a notice to the fourth respondent as well and then decide the issue in accordance with law. The Housing Board also shall be heard in the decisionmaking process on that issue. It is needless to state that, as already stated, depending upon the outcome
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of the decision to be taken by the Government, the third respondent/CMDA will act in accordance with law.”
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opinion that no further action needs to be taken in respect of the regularization order passed by the Government. It is further made it clear
that, the Tamil Nadu Housing Board has not committed any further violation over and above the regularization order passed by the Government.
Accordingly, this writ petition stands dismissed. No costs. Connected miscellaneous petitions are closed.
27.03.2023
Index : Yes
Speaking order: Yes Neutral Citation:Yes mp To
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S.M.SUBRAMANIAM, J.
mp
Writ Petition No.18340 of 2009
27.03.2023
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3 issues framed by the court
Whether the writ petition challenging the Government order granting exemption/regularization of violations in the commercial complex warrants dismissal.
Whether action needs to be taken against past violations committed 30 years ago that have been regularized.
Whether the Government order passed granting regularization to the Tamil Nadu Housing Board requires quashing.
2 provisions across 2 enactments
Anna Nagar Plaza Owners Association
State of Tamil Nadu
Tamil Nadu Housing Board
Chennai Metropolitan Development Authority
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
