The petitioner company is into the business of building holiday resorts in tourist spots including hill stations.
2. It appears that the petitioner company submitted an application for construction of a holiday resort in Villipatti Village in Kodaikanal, which is a hill station, to the Panchayat Union on 19.3.1993. Construction of such resorts in a hill station will fall within the purview of Chapter X-A of the Tamil Nadu District Municipalities Act, wherein a special procedure has been envisaged, under which their application seeking permission will be placed before a special committee called "AAA" Committee (Architectural, aesthetics aspects). When the proposed construction is beyond 300 Sq.mtrs, the application would have to be further approved by another committee called Hill Area Conservation Authority (HACA). In the present case, since the construction was over 300 Sq.mtrs., the application of the petitioner company was referred by the AAA Committee with their positive recommendations to HACA sometime in July 1998. HACA appears to have rejected the application orally on 26.3.1999, based on which the Village Panchayat President had issued the impugned notice dated 19.6.2003 to the petitioner to demolish the constructions that were made, pending approval. Challenging the impugned notice, the petitioner has filed the present writ petition and obtained an order of status quo on 8.7.2003.
3. During the pendency of this writ petition, much water appears to have flown under the bridge, inasmuch as HACA has reconsidered the application of the petitioner company on its 37th Meeting held on 24.8.2009, following which the Director of Town and Country Planning has sent a communication dated 17.9.2009 to the petitioner, wherein it is stated as follows:
"HACA discussed the issue in detail and decided to re-examine the subject after setting clearance/remarks from all the departments. The Chairman, HACA instructed the line departments to give the remarks or NOC within reasonable time not exceeding 30 days."
4. On the directions of this Court, Mrs.M.Vijaya, Supervisor, Directorate of Town and Country Planning, Mr.S.Annadurai, Architectural Assistant/Planning Assistant, Directorate of Town & Country Planning, Mr.Senthil, Assistant Section Officer, Housing and Urban Development Department, Secretariat, Chennai are present along with the relevant files.
5. Mr.V.Jayaprakash Narayanan, learned Special Government Pleader, on instructions from the officials, submitted that no orders have been passed by HACA yet.
6.Mrs.Gouri, learned counsel appearing for the petitioner submitted that pursuant to the decision taken by HACA on 24.8.2009, calling for remarks/no objection from other departments, all the other departments have given their no objection certificates and the same has been submitted to HACA.
7. In view of these developments, this Court is of the view that the impugned order dated 19.6.2003 requires to be set aside and a further direction should be issued to the authorities to dispose of the petitioner's application within a reasonable time.
8. In the result, this Writ Petition is allowed and the impugned order dated 19.6.2003 is quashed. A further direction is given to the Director of Town and Country Planning, NO.807, Anna Salai, Chennai to place the application and other papers submitted by the petitioner, including the No Objection Certificates received from the other departments, before HACA, within three months from the date of receipt of a copy of this order. Thereafter, six months time is given to the 7th respondent (HACA) to pass appropriate orders in accordance with law, on the application of the petitioner company. No costs. Consequently, the connected Miscellaneous Petition is closed.
16.02.2017 Index:No ajr To
1. The Government of Tamil Nadu rep.by its Secretary Housing & Urban Development Department Fort St.George , Chennai 600 009
2. The Joint Director of Town and Country Planning Madurai Region Plot No.15 Madurai 625 020
3. The District Collector Dindigal District
4. The Commissioner Kodaikanal Panchayat Union Kodaikanal
5. The Block Development Officer (KU) Kodaikanal
6. The President Villipatti Panchayat (I Grade) Kodaikanal Taluk Dindigul District P.N.PRAKASH, J.
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7. The Chairman Hill Area Conservation Authority & Secretary to Government of Tamil Nadu Housing & Urban Development Department Fort St.George, Chennai 600 009
8. The Director of Town and Country Planning, NO.807, Anna Salai, Chennai W.P.No.18818 of 2003 16.02.2017 http://www.judis.nic.in