Validity of notification vesting powers to Madras Metropolitan Authority.

K.S. Bakthavatsalam, J.

1. The petitioner has come up to this Court praying for the issuance of a writ of certiorarified mandamus to call for the records of the first respondent culminating in the issuance of Notification Ms. No.VI(1)/951/88/(D2(R)10970/87), dated 17.10.1988 reclassifying the land use of the vacant lands measuring about 7 acres comprised in Survey Nos. 46(part), 47 and 49 of Uror Village, Besant Nagar from primary residential zone to 'institutional zone' and to quash the same and consequently direct the fourth respondent not to proceed with the proposed construction of an office complex in the said land.

2. The petitioner association is a society registered under the Societies Registration Act, 1975 formed for the purposes of protecting the Welfare of the residents in the Besant Nagar Kalakshetra colony area in Madras. The Besant Nagar and its vicinity have been originally planned as a Primary residential locality and the Madras Metropolitan Development Authority, the first respondent herein, as well as the Corporation of Madras, the second respondent herein, have been sanctioning building plans on this basis. The infrastructure in that area such as sewerage, drinking water, public health facilities, shops and public establishments etc. have all been developed only on the basis of Besant Nagar being a primary residential locality. It is alleged in the affidavit filed in support of the petition that as on date every inch of available space, except for a plot of land situated opposite to the Olcott School and measuring about 7 acres comprised in Survey Nos. 46(part), 47 and 49 of Urur village has been built upon, that this plot of land was originally acquired by the Tamil Nadu Housing Board (TNHB) along with other lands in Besant Nagar area for the specific purpose of developing it into a residential locality. Subsequently, it seems it was transferred to the Central Public Works Development (CPWD), the fourth respondent herein. It is also alleged in the affidavit that the classification of the land as 'primary residential zone' was done by the first respondent herein under the provisions of the Tamil Nadu Town and Country Planning Act. It is alleged in the affidavit that according to Rule 3(A) of the Development Control Rules, "no development shall be in contravention of these rules 170. A reference to Rule 7 of the Development Control Rules has been made in the affidavit and according to Rule 7(B) of the Rules, certain uses may be permitted with the special sanction of the Authority. It is further stated in the affidavit that any development in 'primary Residential Zone' should be in strict conformity with the provisions of Rule 7 of the Development Control Rules, that recently, in the Besant Nagar area, construction activities have been proceeding in a totally unplanned and reckless manner in contravention of all developmental Rules, that the fourth respondent herein proposed to construct a mammoth office complex having a floor space of about 1,50,000 sq. ft. plinth area on the vacant site measuring 7 acres in Besant Nagar in the above mentioned Survey Numbers. It is also alleged in the affidavit that the above mentioned 7 acres land in the above mentioned survey numbers is the only open space now available in Besant Nagar which serves as the lounge space of that area, that the proposed complex is the most recent and devastating example of such reckless development, that this land was originally acquired by the Tamil Nadu Housing Board from the members of the general public, that in violation of the original purpose for which the land was acquired, the Housing Board transferred the said land to the fourth respondent herein, who has now commenced construction of a large office complex, that as soon as the said project came to the notice of the residents of Besant Nagar, strong objections were made to the respondents categorically outlining the long term effects of proceeding with the said project, that the f