IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2007
CORAM:
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
W.P. (MD) No.36773 of 2007
AND
M.P. No.1 of 2007
1. K.Jayakumar
2. K.Ashok Kumar
3. Hamsa
4. Pradeep Kumar
5. Prema Kumar
6. Shanthi
7. Suresh Kumar
8. Anand Kumar ..Petitioners
Vs.
1. State of Tamil Nadu
Rep. By Secretary to Government
Housing and Urban Development Department
Fort St.George
Chennai 9.
2. The Member Secretary,
Chennai Metropolitan Development Authority
No.1
Gandhi Irwin Salai
Egmore
Chennai 8. ..Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India, praying for the issuance of a Writ of
Declaration to declare that the provisions of Rule 19(b)
(III)-(B) of the Development Control Rules and Rule 13 of
the special Rules for Multi-Storied Buildings as ultra
vires, illegal, unconstitutional and unenforceable in so far
as it relates to levy and collection of security deposit for
the proposed development and consequently direct the
respondents to issue planning permission for construction of
Basement floor + stilt + 9 floors I.T./I.T.E.S. Building at
Ambedkar Road, Kodmabakkam, Chennai and comprised
T.S.Nos.5/28, 4/93, 4/96, 4/99, 4/94 (Part) and 5/29 (Part)
Block No.45, Puliyur village, Egmore-Nungambakkam Taluk,
without insisting upon the payment of security deposit of
Rs.12,80,000/- and a sum of Rs.1,29,50,000/- towards
caution deposit for the proposed development as contained in
U.O. Note. No.C3/8205/2006 dated 14.11.2007 of the second
respondent.
For Petitioners : Mr.K.Venkatasubramanian
For Respondents : Mr.V.Arun for R1
Additional Govt. Pleader
Mr.Kathiravan for R2
O R D E R
Mr.V.Arun, the learned Additional Government Pleader
takes notice for the first respondent and Mr.Kathiravan, the
learned counsel takes notice for the second respondent.
Heard both sides.
2. With the consent of the learned counsels appearing
on either side, the writ petition itself is taken up for
final disposal.
3. It is stated that the petitioners have applied for
construction of Basement + Stilt + 9 Floors I.T.Building at
T.S.Nos.5/28, 4/93, 4/96, 4/99, 4/94 (Part) and 5/29 (Part),
Block No.45, Puliyur Village, Ambedkar Road, Kodambakkam,
Chennai, on 13.04.2006 to the second respondent. The
petitioners have stated that the provisions as contained in
Rule-19(b)(III)(B) of the Development Control Rules framed
under the provisions of the Tamil Nadu Town and Country
Planning Act, 1971 and the Rule 13 of the Special Rules
framed under Rule 17(a) of the Development Control Rules and
the rules for Information Technology Park framed under Rule
17(e) in so far as they seek to empower the respondents to
levy security deposit and caution deposit with regard to the
proposed development is ultravires, unconstitutional and
void in the eye of law.
4. However, at this stage of hearing of the writ
petition, the learned counsel appearing on behalf of the
petitioners had submitted that it would suffice if an order
is passed by this Court, by following the earlier orders
made in other writ petitions involving similar issues. One
such order, dated 6.11.2007, made in W.P.No.34638 of 2007,
has been placed before this Court, wherein a conditional
order has been passed, directing the respondents therein to
consider the petitioner’s plan in accordance with law on
compliance of certain conditions by the petitioner therein.
5. The learned counsels appearing for the respondents
have no objection for this Court in passing such an order.
6. In such circumstances, the respondents are directed
to consider the Petitioners’ plan, in accordance with law,
on the petitioners furnishing 100% Bank Guarantee for a sum
of Rs.1,29,50,000/-, towards the caution deposit, for a
period of five years, and for a sum of Rs.12,80,000/-,
towards the security deposit, till the completion of the
work.
7. With the above directions, this writ petition is
disposed of, at the admission stage itself. No costs.
Consequently, the connected miscellaneous petition is
closed.
vri/csh
To
1. The Secretary to Government
Government of Tamil Nadu
Housing and Urban Development Department
Fort St.George
Chennai 9.
2. The Member Secretary
Chennai Metropolitan Development Authority
No.1
Gandhi Irwin Salai
Egmore
Chennai 8.