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4. In the year 2021, one of the resident of the petitioner's Association, Mrs. Saraswathi Bhai applied for regularization of the unapproved plots in the Survey No.742/7A1B, Injambakkam Village, Plot No.46 of Anna Enclave, Chennai on 12.10.2021. Similarly some of the members have also approached the Greater Chennai Corporation for regularization of their unapproved buildings and plots and seeking planning permission for construction of buildings. Based on the request of the members of the Association, the regularization of the individual plots was Ordered https://www.mhc.tn.gov.in/judis W.A. No. 2534 of 2022 and W.P. Nos. 32845 and 34521 of 2022 under Regularization of Unapproved and Layout Rules 2017 u/s. 113 R/w. section 122 of the Tamil Nadu Town and Country Planning Act, 1971 and also as per G.O.(Ms).No.78, notified by Housing and Urban Development Department, dated 04.05.2017 and G.O.(Ms). No.172, Housing and Urban Development Department, dated 13.10.2017.

5. As per the proceedings dated 01.11.2018, the Member Secretary of the Chennai Metropolitan Development Authority (CMDA hereafter) has regularized the layout structure of unapproved plots of Anna Enclave, based on the application submitted by one Suren Prabu. The Chennai Metropolitan Development Authority has directed the Greater Chennai Corporation to regularize each individual plots in principle layout framework viz., Anna Enclave of Injambakkam Village after collecting necessary charges and conditions. Based on this, regularization layout framework, the buildings situated in Anna Enclave were also regularized. Thereafter, the Corporation collected the development charges from the plot owners, who have approached the corporation for regularization and the funds were used for providing amenities and infrastructure facilities. Thereafter, the Corporation has laid road, fixed street lights and the same are being maintained by the Corporation. The Corporation is also collecting garbage by deputing staff on daily basis and the Association or its members have never objected to avail these facilities. https://www.mhc.tn.gov.in/judis W.A. No. 2534 of 2022 and W.P. Nos. 32845 and 34521 of 2022 During the time of flood, the Corporation has taken care of the flood mitigation activities inside the area.

12. The learned counsel appearing for the Corporation submits that originally the Injambakkam Village was not part of the Chennai Corporation and it was under the control of the Injambakkam Panchayat. Subsequently, in the year 2011, when the Chennai Corporation was expanded, the administration of the Injambakkam Panchayat Union was taken over by the Greater Chennai Corporation on 13.10.2011. In the year 2017, the Government of Tamil Nadu has issued a Government Order in G.O.Ms.No.78, https://www.mhc.tn.gov.in/judis W.A. No. 2534 of 2022 and W.P. Nos. 32845 and 34521 of 2022 Housing and Urban Development Department, dated 04.07.2017, which paved the way for regularizing the unapproved plots and layouts as per the provisions of Tamil Nadu Town and Country Planning Act, 1971 and an amendment was also issued as per G.O.No.112 of the Housing and Urban Development Department, dated 13.10.2017, whereby the unapproved layouts shall be regularized 'as is where is' basis and all the existing roads in the unapproved layouts shall be deemed to have been vested with the local Authority. As per the application submitted by one T. Suren Prabu, the entire layout has been taken for regularization and Chennai Metropolitan Development Authority has given, in-principle approval, for the layout framework with direction to the Greater Chennai Corporation to regularize each individual plots after collecting necessary charges with conditions. Hence, as per the regularization, the roads have to be treated as public roads and the residents of the layout are not entitled to claim the streets as a private street and not entitled to restrict the movement of the General Public.

(a) no electricity, water supply, drainage and sewerage connections shall be extended to such unapproved plot or layout;
(b) such unapproved plot or layout shall not be registered under the Registration Act, 1908 (Central Act 9 of 1908) by the Registration Department; and