W.P.No.23083 of 2014:
Kannan Balachandran .. Petitioner Vs.
1. The State of Tamil Nadu Rep by its Secretary to Government Housing and Urban Development Department Secretariat, Chennai - 9.
2. The State of Tamil Nadu Rep by its Secretary to Government Home Department (Fire and Rescue Services) Secretariat, Chennai 9.
3. Corporation of Chennai Rep by its Commissioner Rippon Buildings Chennai 3.
4. Chennai Metropolitan Development Authority Rep by its Member Secretary Thalamuthu Natarajan Buildings Egmore, Chennai 8.
5. Saravana Stores Rep By Y.Pondurai Old No.128, 129, 130 North Usman Road, T.Nagar Chennai 17.
6. The Chennai Silks Rep by its Managing Director TK Chandran No.67 Usman Road T. Nagar Chennai 17.
7. Saravana Gold House Rep by S.Yogarathinam No.115 to 117, Old No.15 Usman Road, T. Nagar Chennai 17.
8. Sri Kumaran Gold House Rep by its Managing Director, TK Chandran No.55 (Old No.65 and 66) Usman Road T.Nagar, Chennai 17.
9. Saravana Stores Rep by Selvarathinam No.75 and 76 Usman Road T. Nagar, Chennai 17.
10. Nalli Trust Old No.119 New No.100 Usman Road T. Nagar Chennai 17.
11.Rathna Stores Rep by Sivasubramaniyam No.73/1 and 73/2 Usman Road T. Nagar Chennai 17.
12. Jayachandran Textiles Rep by Chellappa 32 to 35 Ranganathan Street T. Nagar Chennai 17.
13. RMKV Stores Rep by RM. K.Sivakumar 125-127 Usman Road Panagal Park, T. Nagar, Chennai 17.
14. Pothys 15 Nageswara Rao Road and Usman Road, Chennai 17.
15.YVK Charities Rep by its Secretary No.102 Usman Road T.Nagar, Chennai 17. .. Respondents W.P.No.12117 of 2014:
Kannan Balachandran .. Petitioner Vs.
1. The State of Tamil Nadu rep. By its Secretary to Government Housing and Urban Development Department Secretariat, Chennai 600 009.
2. The State of Tamil Nadu rep. By its Secretary to Government Home Department (Fire and Rescue Services) Secretariat, Chennai 600 009.
3. Corporation of Chennai rep. By its Commissioner Rippon Buildings Chennai 600 003.
4. Chennai Metropolitan Development Authority rep. By its Member Secretary Thalamuthu Natarajan Buildings Egmore, Chennai 600 008.
5. G.R.Thangamaligai Jewellery Shop rep. by G.R.Radhakrishnan & G.Mahalakshmi 134 to 136 (Old Nos.103 and 104) Usman Road, Chennai 600 017. .. Respondents PRAYER in W.P.No.16004 of 2015: Petition under
Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 4 and 5 to take steps towards the demolition of the unauthorized construction put up in the premises occupied by the sixth respondent in violation of the planning permission accorded by the fourth respondent, the National Building Code, 2005 and the CMDA Rules, in accordance with law.
PRAYER in W.P.No.23083 of 2014: Petition under
Article 226 of the Constitution of India for issuance of a writ of Mandamus directing respondents 3 and 4 to take steps towards the locking and sealing and/or demolition of the unauthorised constructions put up by respondents 5 to 15 in violation of the planning permission accorded to them by the 3rd respondent the National Building Code 2005 and the CMDA Rules in accordance with law.
PRAYER in W.P.No.12117 of 2014: Petition under
Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 4th respondent to demolish the unauthorised constructions put up by the 5th respondent in violation of the planning permission accorded to it by the 3rd respondent the National Building Code 2005 and the GMDA Rules.
For Petitioner in all writ petitions :
Mr.Sornam Rajagopal for M/s.Suhrith Parthasarathy For Respondents :
Mr.R.Muthukumarasamy Advocate General assisted by Mr.C.Johnson for 5th respondent in W.P.No.16004/2015 and 4th respondent in W.P.No.23083 of 2014 Mr.M.K.Subramanian Government Pleader for respondents 1 to 3 in W.P.No.16004/2015 and respondents 1 and 2 in W.P.No.23083/2014 Mr.Arunmozhi for 4th respondent in W.P.No.16004/2015 and 3rd respondent in W.P.No.23083/2014 Mr.Kartash Vasdev Senior Counsel for Mr.R.Mohan for 6th respondent in W.P.No.16004/2015 Mr.P.Vasudevan for 5th respondent in W.P.No.23083/2015 Mr.D.S.Rajasekaran for respondents 6 and 8 in W.P.No.23083/2015 Mr.K.G.Sentilkumar for 7th respondent in W.P.No.23083/2015 Mr.K.Harishankar for 10th respondent in W.P.No.23083/2015 M/s.Ram and Ram for 11th respondent in W.P.No.23083/2015 Mr.Asvini Kumar for Mr.R.Mohan for respondents 12 to 15 in W.P.No.23083/2015 Mr.R.Vijayakumar Addl. Government Pleader for 1st respondent in W.P.No.12117 of 2014 Mr.Rameshwar for 2nd respondent in W.P.No.12117 of 2014 Mr.K.Soundarajan for 3rd respondent in W.P.No.12117 of 2014 Mr.N.Sampath for 4th respondent in W.P.No.12117 of 2014 Mr.R.Mohan for 5th respondent in W.P.No.12117 of 2014 COMMON ORDER (Order of the Court was made by the Acting Chief Justice) Heard the learned counsel for the parties.
2. In these writ petitions, the petitioner in effect seeks a direction against the Chennai Metropolitan Development Authority and the Corporation of Chennai to demolish the unauthorized construction put up by the private respondents in gross violation of the the planning permission and other relevant provisions of law.
3. The Secretary to Government, Housing and Urban Development Department, filed a report before this Court today. In the said affidavit, it is averred that the government constituted a Committee under the Chairmanship of Justice Rajeswaran to frame rules and guidelines under Section 113-C of the Tamil Nadu Town and Country Planning Act, 1971 for regularization of unauthorized buildings and the report of the said Committee was submitted to the Government on 7.10.2015. It is stated that in response to the said report, various objections and suggestions were received from the public and thereafter the Draft Rules were prepared and presented in a meeting held under the Chairmanship of the Chief Secretary to the Government. It is stated that since the issue involved has huge implications on the general public various issues which were not addressed in the report of the Committee are also being considered.
3. It is further stated in the said report that pursuant to the directions issued by this Court on 18.7.2016 and 1.11.2016 in W.P.No.26339 of 2014 to the CMDA to obtain the views of the Monitoring Committee before finalizing the Rules and Guidelines for exemption of buildings under Section 113-C of the said Act, periodical meetings were held and a Sub Committee was constituted to respond to the specific exemptions suggested by the Committee under the Chairmanship of Justice Rajeswaran. The said Sub Committee submitted its report on 5.1.2017. Thereafter, another meeting was convened under the Chairmanship of the Chief Secretary with the participation of high level officers of the stakeholders departments to finalize the rules and guidelines for effective implementation of Section 113-C of the said Act. In fine, due to the prevailing political situation, two months time was sought to notify the rules and regulations.
4. We find from the abovesaid report that the issue is in active consideration by the respondent/authorities. In view of the categoric undertaking given by the Secretary to the Government, Housing and Urban Development Department that the rules and guidelines for effective implementation of Section 113-C of the said Act would be notified within two months, these writ petitions are disposed of. The respondent/authorities shall remain bound by the said undertaking. We make it clear that subsequent to the notification of rules and guidelines, the respondent/authorities shall proceed in accordance with law against the unauthorized constructions alleged to have put up by the private respondents in accordance with law. No costs.
(H.G.R., ACJ.) (R.M.D., J.) 20.02.2017 Index : No Internet : Yes sasi To:
1. The Secretary to Government State of Tamil Nadu Housing and Urban Development Department Secretariat, Chennai 600 009.
2. The Secretary to Government State of Tamil Nadu Home Department (Fire and Rescue Services) Secretariat, Chennai 600 009.
3. The Secretary to Government State of Tamil Nadu Department of Labour and Employment Secretariat, Chennai 600 009.
4. The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003.
5. The Member Secretary Chennai Metropolitan Development Authority Thalamuthu Natarajan Buildings Egmore, Chennai 600 008.
HULUVADI G.RAMESH,ACJ.
AND R.MAHADEVAN,J.
(sasi) W.P.Nos.16004 of 2015, 23083 and 12117 of 2014 20.02.2017