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K.VENKATARAMAN, J The order of reference was made by the then The Hon'ble The Chief Justice M.Y.Eqbal and Hon'ble Mr.Justice T.S.Sivagnanam. The reference thus reads as follows:

"This batch of appeals filed by the Tamil Nadu Housing Board is directed against the judgment and order passed in W.P.No.29837 of 2010 dated 12.2.2011 and W.P.No.670 of 2011 dated 18.1.2011 respectively.

2. The respondents 1 to 8 in this appeal are the writ petitioners. The writ petition was filed for issuance of a direction upon the Chennai Metropolitan Development Authority (CMDA) and Corporation of Chennai to receive, consider, process and approve the writ petitioners application for demolition and reconstruction by issuing planning permission to construct residential flats in the property situated at block No.97A to F, Sowbackya Colony, Anna Main Road, K.K.Nagar, Chennai 78 comprised in Survey No.394/1(part) in Kodambakkam Village, Mambalam-Guindy Taluk, Chennai District, without insisting or production of no objection certificate from the Tamil Nadu Housing Board/appellant or any other authorities concerned and to accord sanction for the same in accordance with law expeditiously.

"3. Petitioners are owners of the property which was originally developed by Tamil Nadu Housing Board and sold to the individuals. The present owners are either original allottees or subsequent purchasers. The undisputed fact is that the Tamil Nadu Housing Board has no lien over the property. For the purpose of developing the property, the first respondent orally insisted the petitioners that no objection certificate issued by the Tamil Nadu Housing Board should be submitted along with the application for the purpose of demolition, planning permission and for issuance of planning and building permit to put up new construction.
(vi) Whether the Housing Board has power to levy charges at the rate of 10% of the market value on the additional floor/eligible FSI and whether such power is traceable to any Act, Rule or Regulation and what is the basis of such levy/demand."

3. In these cases, the allottees or the subsequent purchasers from the allottees, with an intention to demolish the existing superstructure (their flats) and put up new construction have sought permission from the authorities. Their demolition plan before the Corporation authorities and building permission sought for from the CMDA authorities are not processed on the ground that they shall obtain "No Objection Certificate" from the Tamil Nadu Housing Board. However, the writ petitions filed by the allottees or the subsequent purchasers from the allottees have been allowed and the corporation authorities were directed to grant approval for the demolition of the existing structure and the CMDA authorities were directed to process their applications for putting up new construction. The Tamil Nadu Housing Board, challenging the said orders have come up with the present writ appeals. As stated already, the then Hon'ble First Bench deemed it fit to refer the matter to a larger bench and hence, these appeals are listed before us.