Chennai court rejects plea to approve building plan

CHENNAI: Underscoring a verdict of the Madras high court, which clearly stated that no civil court could entertain proceedings against action taken by the CMDA or the Chennai corporation on encroachments and illegal structures, a city court here has dismissed a petition seeking directions to authorities to approve planning permission for construction on a plot of land at Tondiarpet.

According to Sathiyam Bible Presbyterian Church, represented by its pastor S Baskaran, he purchased a property from the original owner, M Krishnamurthy, and obtained revenue patta from Tahsildar of Fort-Tondiarpet taluk in 2001. The owner, without obtaining the layout sanctioned from the local body, Madhavaram panchayat, had sold the unapproved property. The Tamil Nadu Housing Board had also acquired a major portion of Krishnamurthy’s land and the board formulated its own layout.

Baskaran submitted an application to the corporation for planning permission to construct a prayer hall cum residential with a build-up area of 1,140sqft. But, the state government and the CMDA rejected the petition. Meanwhile, the Madras high court too directed him to approach the CMDA. Against the decision he filed a writ appeal, which was pending. The zonal office of Tondiarpet issued him two notices under the Madras City Municipal Corporation Act to surrender possession in April, 2007. He then moved the IV assistant city civil court.

Countering Baskaran’s arguments the authorities said he encroached the civic body’s land classified as children’s play area. The district revenue office, in February 2008, had clearly said the patta given to the land was cancelled.

Dismissing the suit, the court said it did not have jurisdiction to try the matter.

Credits ET Realty

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