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5. A perusal of the counter filed by the third respondent and https://www.mhc.tn.gov.in/judis the submissions of the learned Government Advocate, reveals that the third respondent, on receipt of the application for regularization of the unapproved layout, made an inspection on the subject property on 12.01.2018 and found that there is no vulnerabilities like water bodies in 15 meter radius, railway line in 30 meter radius, burial ground in 90 meter radius etc. Therefore, the layout was regularized on 28.02.2018. As per G.O.Ms.No.78, Housing and Urban Development (UD4(3)) Department, dated 04.05.2017, notification was issued under Section 113 of the Tamil Nadu Regularization of Unapproved Plots and Layouts Rules 2017, read with Section 122 of the Tamil Nadu Town and Country Planning Act, 1977. Rule 4 and 11 are as follows :

“Restrictions for Regularization of unapproved plots and layouts.
(1) No plot or layout in part or whole, which is located in public water body like Channel, Canal, Tank, Lake, River, etc. shall be eligible for regularization.
(2) No plot or layout in part or whole in Government Poramboke land shall be eligible for regularization.

7. However, the Tamil Nadu Pollution Control Board, by its proceedings in B.P.Ms.No.4, dated 02.07.2004, clearly states that there shall be no stone crusher within 500 meter radius from any inhabited site or places of public and religious importance. Therefore, the third respondent ought not to have regularized the unapproved layout in respect of the adjacent land, which is situated within 300 meter radius of the petitioner's land, comprised in survey Nos.203/3A1, 203/3B and 204/3 situated at Marapparai Village, Tiruchengode, Namakkal District. It shows that the third respondent, without even conducting any inspection of the subject land as contemplated under Rule 14(3) of the Tamil Nadu Regularization of Unapproved Lay-outs and Plots Rules, 2017, regularized the unapproved layout on 28.02.2018. The learned https://www.mhc.tn.gov.in/judis Government Advocate also submitted that, in accordance with the law of approval, there is a rule that allows for revision before the Government.

8. On perusal of the layout approval, it shows that the third respondent, without even conducting any inspection on the application submitted by the fourth respondent seeking approval for unapproved layout, regularized the unapproved layout by an order dated 28.02.2018. Therefore, it is a clear violation of the proceedings of the Tamil Nadu Pollution Control Board in B.P.Ms.No.4, dated 02.07.2004 and Rule 14(3) of the Tamil Nadu Regularization of the Unapproved Layouts and Plots Rules, 2017. Further, the fourth respondent has also failed to obtain a certificate from the local bodies to the effect that the proposed site is not within the radius of 500 meter from the boundary of live stone crushing unit as laid down in Sl.No.12 of the Tamil Nadu Change of Land Use (from Agriculture to Non-Agriculture Purposes in non- planning areas).