LAWS(MAD)-2011-2-292

P R EARNARST Vs. CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY

Decided On February 01, 2011
GREEN PEACE CONSTRUCTION PVT. LTD. Appellant
V/S
CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuance of a writ in the nature of mandamus directing the respondents 1 and 2 to entertain, consider and grant the approval to the demolition and reconstruction, Planning permit and building approval for the new construction comprised in Survey No.1273/1 Part, 1273/2 part and 1260/1 part, T.S.No.147 and Block No.49 of Ko. Village, Block No. H-71, 72 and 73 of Periyar Nagar Central avenue, Korattur, Chennai 600 080 measuring 19947 sq.ft. without insisting the NOC from the third respondent herein or any other authority so long as the proposed new construction is in accordance with the development Rules.

(2.) THE case pleaded in the affidavit to the writ petition is that the Managing Director of M/s.Green Peace Construction Pvt. Ltd. has submitted a plan to construct new residential flats consisting of stilt plus 4 floors at the premises referred to above.

(3.) THE case of the petitioner is that the respondents 1 and 2 are not considering the application for want of No objection Certificate from the Tamilnadu Housing Board.