Madras High Court
M/S.Shrivatchaaa Shelter vs The Director on 21 July, 2022
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.8851 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.07.2022
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.8851 of 2022
and
W.M.P.No.8679 of 2022
1.M/s.Shrivatchaaa Shelter,
Represented by its Power of Attorney,
M/s.Stepsstone Promoters Private Limited,
Through its Managing Director K.Mothish Kumar
2.M/s.Lakkna Housing (P) Limited,
Represented by its Power of Attorney,
M/s.Stepsstone Promoters Private Limited,
Through its Managing Director K.Mothish Kumar
3.M/s.Ramani Infrastructures,
Represented by its Partner Sathish Kumaran
4.G.Shanmugasundaram,
Represented by its Power of Attorney,
M/s.Stepsstone Promoters Private Limited,
Through its Managing Director K.Mothish Kumar ... Petitioners
Vs.
1.The Director,
Directorate of Town and Country Planning,
4th Floor, Chengalvarayan Building,
807, Anna Salai,
Chennai – 600 002.
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W.P.No.8851 of 2022
2.The Joint Director,
Directorate of Town and Country Planning,
Chengalpattu Region,
No.124, GST Road,
Periyar Shopping Complex,
Chengalpattu – 603 001.
3.The District Forest Officer,
Chengalpattu Division,
No.5/9, Varadharaja Farms,
Vandavasi Road,
Kancheepuram – 603 501.
4.The Forest Range Officer,
Chengalpattu Range,
Chengalpattu District. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying
for issuance of a Writ of Mandamus, to direct the third respondent to issue
NOC for development of the subject land of the petitioners situated at
Kolathur Village, Chengalpattu Taluk, Chengalpattu District in (1) Survey
No.19/1 Part with an extent of 137 cents, (2) Survey No.19/2A Part with an
extent of 130 cents, (3) Survey No.19/2B Part with an extent of 73 cents, (4)
Survey No.23/1B2A (old No.23/1B2) with an extent of 32 cents, (5) Survey
No.23/1B2B with an extent of 34 cents, (6) Survey No.23/1B1B with an
extent of 22 cents, (7) Survey No.23/3/12B2 with an extent of 104 cents, (8)
Survey No.33/3A1 Part with an extent of 48 cents (9) Survey No.33/3A2 Part
with an extent of 92 cents to an extent of Acres 6.72 cents, which adjoins
Appur Reserve Forest.
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W.P.No.8851 of 2022
For Petitioners : Mr.S.Kamalakannan
for Ms.K.Jayasudha
For Respondents : Mrs.C.Meera Arumugam
Additional Government Pleader
ORDER
Mrs.C.Meera Arumugam, learned Additional Government Pleader takes notice on behalf of the respondents.
2. The petitioners appear to have filed an application for approval of layout under the provisions of the Tamil Nadu Town and Country Planning Act, 1971.
3. Earlier, a plan for layout approval was submitted by the petitioner. Thereafter, a revised plan of layout approval was submitted by the petitioner to the second respondent on 23.12.2021. It is submitted that despite the plan for approval having been submitted before the second respondent, the second respondent has not considered the same. ____________ https://www.mhc.tn.gov.in/judis Page No. 3 of 8 W.P.No.8851 of 2022
4. The learned counsel for the petitioner would submit that under somewhat similar circumstances, this Court has considered the scope of Revenue Board Standing Order in G.O.Ms.No.1267, Revenue Department dated 29.12.1997.
5. On the other hand, a writ petition is contested by stating that the petitioner's writ petition is premature. It is further submitted that the second respondent has also sent a communication to the third respondent on 23.03.2022 and that the petitioner's application for layout approval is under active consideration. It is submitted that the writ petition was premature and is therefore liable to be dismissed.
6. That apart, it is submitted that the land in question measuring 6.72 cents in Kolathur Village, Chengalpattu Taluk, Kancheepuram District, abuts Appur Reserved Forest and therefore the proposed construction will have adverse impact on the flora and fauna in the said Reserved Forest, if approval is granted without considering the environmental impacts. ____________ https://www.mhc.tn.gov.in/judis Page No. 4 of 8 W.P.No.8851 of 2022
7. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.
8. Though the learned counsel for the petitioner submits that there is no dispute regarding the petitioners ownership over the property, I am not inclined to give any approval on the same while disposing this writ petition. Suffice to state that, the third respondent shall consider and pass appropriate orders on the petitioners application for approval, within a period of three months from the date of receipt of a copy of this order.
9. Needless to state, before passing such order, the third respondent shall take note of all the relevant Government Orders and the Laws that are applicable for grant of approval abutting Reserved Forests.
10. While disposing the application, the third respondent may also factor the decision of the learned Single Judge of this Court in K.Meera Reddy Vs The Secretary to Government, Housing and Urban ____________ https://www.mhc.tn.gov.in/judis Page No. 5 of 8 W.P.No.8851 of 2022 Development Department, Chennai – 9 and others, in W.P.No.40950 of 2016 dated 08.10.2018 as approved by the Hon'ble Division Bench of this Court in The District Forest Officer, Chengalpet Division, Kancheepuram District Vs K.Meera Reddy and others, in W.A.No.445 of 2021 dated 22.07.2021.
11. It is made clear that, the third respondent shall examine the applicability of the above decisions to the facts of the present case, before granting approval.
12. This Writ Petition stands disposed of in terms of the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
21.07.2022 Index : Yes/No Speaking/Non-Speaking Order arb ____________ https://www.mhc.tn.gov.in/judis Page No. 6 of 8 W.P.No.8851 of 2022 To
1.The Director, Directorate of Town and Country Planning, 4th Floor, Chengalvarayan Building, 807, Anna Salai, Chennai – 600 002.
2.The Joint Director, Directorate of Town and Country Planning, Chengalpattu Region, No.124, GST Road, Periyar Shopping Complex, Chengalpattu – 603 001.
3.The District Forest Officer, Chengalpattu Division, No.5/9, Varadharaja Farms, Vandavasi Road, Kancheepuram – 603 501.
4.The Forest Range Officer, Chengalpattu Range, Chengalpattu District.
____________ https://www.mhc.tn.gov.in/judis Page No. 7 of 8 W.P.No.8851 of 2022 C.SARAVANAN, J.
arb W.P.No.8851 of 2022 and W.M.P.No.8679 of 2022 21.07.2022 ____________ https://www.mhc.tn.gov.in/judis Page No. 8 of 8