The Commissioner, Avadi Municipality, Chennai v. M. Devarajulu & Others
2009-12-04
N.PAUL VASANTHAKUMAR, R.BANUMATHI, VASANTHAKUMAR
body2009
DigiLaw.ai
Judgment R. Banumathi, J. Being aggrieved by the order of learned single Judge in W.P. No.10717/2009 directing Appellant-Avadi Municipality to grant building plan approval to the 1st Respondent, Avadi Municipality has filed this Writ Appeal. 2. By consent of both sides, the Writ Appeal was taken up for final disposal at the admission stage. 3. We have heard Mr.P.Srinivas, learned counsel for the Appellant Municipality and Mr.R.Muthukumarasamy, learned Senior Counsel for Respondents 1 to 5 and Mr.Raveendran, learned counsel for 6th Respondent-CMDA. 4. Respondents 1 to 5 are joint owners of vacant land to an extent of 16884 sq. ft. in S.No.424 and 425/1 at Thandarai village, Poonamallee Taluk, Tiruvallur District. Respondents 1 to 5 through their Power Agent entered into an unregistered joint development agreement with their Power Agent for developing the above said lands into residential Flats and sell 60% share in the said Flats. Power Agent applied for approval of construction plan to the Appellant Municipality. By the letter dated 30.4.2009, Appellant Municipality stated that site for the construction of proposed building is in the land reserved for use as school in the approved layout and directed Respondents 1 to 5 to apply directly to CMDA for the change of land use. 5. The said notice was challenged by Respondents 1 to 5 in W.P.No.10717/2009. Observing that S.No.424 and 425/1 of Thandarai village, Poonamallee Taluk falls in primary residential use zone as per second Master Plan and that stand of Municipality cannot be sustained, learned single Judge allowed Writ Petition directing Appellant Municipality to grant the building plan approval to the Respondents 1 to 5. 6. In the impugned notice dated 30.4.2009, Appellant Municipality stated that site for the construction of proposed building in S.No.424 and 425/1 is reserved for use as school in the layout and directed Respondents 1 to 5 to apply CMDA for change of land use. 7. Mr.R.Muthukumarasamy, learned Senior Counsel for Respondents 1 to 5 has drawn our attention to the sub-division of S.No.424 and 425/1 into four plots which was also approved by the Appellant Municipality. Learned Senior Counsel would submit that in the second Master Plan, the above said lands have been reclassified as residential zone. 8. Having regard to the submissions, it would be appropriate to direct Respondents 1 to 5 to approach 6th Respondent-CMDA for change of land use. 9.
Learned Senior Counsel would submit that in the second Master Plan, the above said lands have been reclassified as residential zone. 8. Having regard to the submissions, it would be appropriate to direct Respondents 1 to 5 to approach 6th Respondent-CMDA for change of land use. 9. In the result, order of learned single Judge in W.P.No.10717/2009 dated 07.07.2009 is modified directing the Respondents 1 to 5 to apply 6th Respondent-CMDA for change of land use and development of S.No.424 and 425/1 in Thandarai village, Poonamallee Taluk. On such application being made by Respondents 1 to 5, 6th Respondent-CMDA shall consider the same in the light of second Master Plan as well as sub-division effected way back on 211. 2006 which was then approved by Appellant Municipality. 6th Respondent-CMDA shall consider the application and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of copy of this order and the Writ Appeal is disposed of accordingly. Consequently, connected M.P. is closed. No costs.