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2014 DIGILAW 1025 (MAD)

Sushen Construction Private Limited, rep. by its Managing Director Venkatarangan, Chennai – 600 017 v. Member Secretary, Chennai Metropolitan Development Authority, Chennai – 8

2014-04-30

T.RAJA

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ORDER 1. The petitioner seeks for issuance of a writ of mandamus to direct the first respondent/ the Member Secretary, the Chennai Metropolitan Development Authority (CMDA), Chennai, to process and issue planning permission to the petitioner company including Survey No.337/12C, Semmenchery Village, Tambaram Taluk, Kancheepuram District, based on the information given under the Right to Information Act, vide letter dated 10.08.2011, in RC No.2872/2007/N.2, within a stipulated time. 2. Learned counsel appearing for the petitioner submitted that the petitioner company is the owner of the land by virtue of sale deed dated 17.10.1973 and he further relied upon patta, chitta and adangal issued by the revenue authorities to say that they have been enjoying the property in question for more than 40 years. Whileso, the Government of Tamil Nadu passed an order vide G.O.Ms.No.332, dated 19.05.2006, allotting 123.23.0 hectares of land from and out of 147.05.0 hectares of lands in Survey No.337, Semmencherry Village, Tambaram Taluk, Kancheepuram District and in the said GO, it is further mentioned that since a portion of the land had been already granted patta to individuals to an extent of 6.51.0 hectares, the same was not disturbed and thereby, the petitioner’s land was also not disturbed. In view of that, the petitioner applied for planning permission for layout of house sites before the first respondent CMDA with all relevant documents. Since there was no response from the CMDA, the petitioner sought for certain informations through Right to Information Act, namely, whether the land in question covered in S.No.337/12C, 337/12B4 and 87/14, belonging to S. Vedagiri and others, has been acquired for any public purpose by the Salt Corporation and whether any action has been taken by the Collectorate on the clarification sought for by the CMDA in Letter No.L1/169/10, dated 10.05.2011 and if any final order was passed on this issue, a copy of the same with the Tahsildar and RDO reports may also be furnished with the connected documents supplied to the CMDA in the regard. Thereafter, a reply was sent by the CMDA on 10.05.2011 stating that it has been objected by the third respondent/the Collector, Kanchipuram, and therefore, they were not in a position to process the application for grant of planning permission. Thus, the present writ petition filed with a prayer cited supra. 3. Thereafter, a reply was sent by the CMDA on 10.05.2011 stating that it has been objected by the third respondent/the Collector, Kanchipuram, and therefore, they were not in a position to process the application for grant of planning permission. Thus, the present writ petition filed with a prayer cited supra. 3. Learned counsel further contended that the Government of Tamil Nadu, while passing G.O.Ms.No.332, dated 13.05.2006, has elaborately discussed about the allotment of land in Survey No.337, Semmancherry Village, Tambaram, and thereby, excluded the patta lands of private owners. By citing the said G.O. and by producing a copy of patta dated 26.08.2010, issued by the Tahsildar, Sholinganallur, it is further contended that the first respondent ought to have seen that the patta has been granted to the lands in Survey No.337/12C by the Tahsildar and therefore, it has nothing to do with the lands allotted to the Salt Corporation. He further contended that from the said G.O., it is crystal clear that the fifth respondent did not utilize the land for salt manufacturing purpose or for any other related purpose for nearly a century and therefore, there is no necessity to disturb the patta holders who have been in enjoyment and possession of the land for more than 40 years. 4. Further, he has also relied upon a letter dated 10.05.2011 of the CMDA to contend that the CMDA has already issued planning permission to convert the land in question into house sites. He has also further produced a letter dated 10.08.2011 of the second respondent obtained through RTI Act, to contend that no order or proceeding has been issued for acquiring the patta lands in question. With the above said submissions and proceedings, he prayed for allowing the writ petition. 5. Per contra, learned counsel appearing for the fifth respondent submitted that originally the land in question was belonging to Salt Corporation of India i.e. lands covered in R.S.No.337 of Vadasemmencherri (363.21 acres), R.S.No.243/part of Uthandi (23.89) acres) and R.S.No.720 (53.32) acres / R.S.No.721 (20.68 acres) of Sholinganallur in Kanchipuram District, and the same were used for the purpose of salt manufacturing. However, without being aware of this fact, the Government of Tamil Nadu has sub-divided the above said lands and later on, it has also granted pattas mistakenly to some individuals, and some of the lands were leased out to an organisation and private entrepreneurs for different purposes. Thereafter, the fifth respondent has taken up this issue with the District Collector to cancel the pattas as they were issued erroneously. In the meanwhile, since it was brought to the notice of the fifth respondent that some individuals have sold the lands or executed power in favour of some bidders and in turn, the bidders like the petitioner herein approached the CMDA for approval of layout, the same was taken up with the CMDA with a request not to consider any application for approval of layout in R.S.No.337 of Semmancherry Village. Thereafter, based on the communication dated 23.05.2011 of the fifth respondent, the second respondent, vide his letter dated 16.07.2011, has requested the third respondent to take action for immediate cancellation of pattas issued by mistake and without due authority to various individuals/companies/house societies issued in respect of R.S.No.337 of Semmencherri Village. Since all the above said facts disclose that there has been a dispute with regard to title of the land in question, the first respondent has rightly refused to consider the petitioner’s application for grant of planning permission. Therefore, it is contended that when there has been a dispute with regard to the title of land between the petitioner and the fifth respondent, the first respondent should be not directed to process the petitioner’s application for grant of planning permission. On that basis, he prayed for dismissal of the writ petition. 6. Learned counsel for the first respondent has submitted that since there has been a dispute with regard to the title of land in question, the first respondent has not come forward to accept the request of the petitioner. 7. But, this Court is unable to agree with the submissions of the learned counsel for the respondents, the reason being that a letter dated 10.05.2011 of the Member Secretary, CMDA, addressed to the District Collector, Kanchipura, shows that the CMDA has issued planning permission for laying of house sites in S.Nos.337/9, 10, 11, along with other survey numbers, to an extent of 63023 sq.mtr. (15.57 acres) in Semmenchery Village, under reference No.PPD/LO No.53/2004. (15.57 acres) in Semmenchery Village, under reference No.PPD/LO No.53/2004. The very same letter further shows that when an objection was received from the fifth respondent requesting not to consider any application for approval of layout in S.No.337 of Semmencherry Village, the office of the Deputy Salt Commissioner, Government of India, was requested to furnish the duly authenticated FMB sketches and other revenue records, namely, patta, chitta, adangal, etc. to show that the land in question belongs to the Salt Corporation of India. In response to the same, the Deputy Salt Commissioner has furnished the evidences such as G.O.Ms.No.332, dated 19.05.2006, Collector’s letter dated 31.05.2006 addressed to the Joint Secretary, Ministry of Shipping, along with a Register and extract of S.Nos.337/12B1, 337/12B3A, 337/13, 14, 15, to an extent of 126.23 hectares (311.79 acre) in the name of Salt Corporation of India and other letters addressed to the District Collector, Kanchipuram, for the site under reference. However, in all the above said references, there is no mention about Survey No.337/12C, land in question. 8. Besides, after receiving an objection from the fifth respondent, the second respondent has also received remarks from the Tahsildar, Tambaram and Revenue Divisional Officer, Sholinganallur. Despite affirming the said remarks, the District Collector, Kanchipuram, further ordered for conducting an enquiry. But, it is not known as to whether the second respondent/District Collector has submitted any report in respect of the land covered in Survey No.337/12C to say that the land in question belongs to the fifth respondent/Salt Corporation of India. However, under these circumstances, when the petitioner moved an application under RTI Act, the Public Information Officer and Additional Personal Assistant (Land), Collector’s Office, Kanchipuram, in his proceedings dated 10.08.2011, issued the following reply: Information Sought Information Given 1. Copy of the proceedings or order issued to the Salt Corporation of India Govt. in their G.O. (permt.) No.332, Revenue (L.D. 4(2) Department, dated 19.05.2006, have allotted an extent of 126.23.0 hac. (311.79 acre) of vacant lands in S.No.337, Semancherry Village in Kancheepuram District, to Salt Corporation of India (Govt. Order enclosed). 2. Copy of the proceedings or order issued to the Salt Corporation of India Govt. in their G.O. (permt.) No.332, Revenue (L.D. 4(2) Department, dated 19.05.2006, have allotted an extent of 126.23.0 hac. (311.79 acre) of vacant lands in S.No.337, Semancherry Village in Kancheepuram District, to Salt Corporation of India (Govt. Order enclosed). 2. Copy of the proceedings or order for acquiring the patta land in S.No.337/12C, 337/12B4 and 87/14 belong to S. Vedhagiri and others for any public purpose (Salt Corporation) No order or proceedings so far has been issued for acquiring the patta lands in S.No.337/12C, 337/12B4 and 87/14 belonging to S. Vedhagiri and others for any public purposes including Salt Corporation. 3. The action taken by the Collectorate on the clarification sought for by the Chennai Metropolitan Development Authority in Letter No.L1/16914/2010, dated 10.05.2011. If any final order has been passed on this issue, a copy of the same with Tahsildar, RDO reports may also be furnished with connected documents supplied to the Chennai Metropolitan Development Authority in this regard. Action was taken by the Collectorate on the clarification sought for by the CMDA in Collector’s office file RC.NO.N2/2872/2011, dated 29.07.2011 and xerox copies of Tahsildar Sholinganallur letter No.3737/2011 B2, dated 20.06.2011 and Revenue Divisional Officer, Tambara Lr.No.1982/2011, dt. 7.7.2011 are enclosed. The above said informations furnished under the RTI Act clearly depict that there is no steps taken for initiating any acquisition proceedings in respect of S.No.337/12C, belonging to one Vedhagiri and others, for any public purposes, therefore, by taking into account that the CMDA also, in their proceedings dated 10.05.2011, has issued planning permission for laying of house sites in S.No.337/12C, Semmancherry Village, Tambaram Taluk, Kanchipuram District, to an extent of 63023 sq.mt. (15.57 Acres), this Court directs the first respondent/CMDA to process the petitioner’s application for grant of planning permission to lay house sites in S.No.337/12C. It is also made clear that it is open to the fifth respondent/Salt Corporation of India to work out their remedy with regard to the title of the land in question before the appropriate Civil Court, if so advised. The first respondent/CMDA is directed to complete the above said exercise within a period of two months from the date of receipt of a copy of this order. In the above terms, the writ petition stands allowed. N Costs. Petition allowed.