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2007 Supreme(Mad) 3148

SUDHANSU JYOTI MUKHOPADHAYA, N.PAUL VASANTHAKUMAR
The Member Secretary, CMDA, Egmore, Chennai - 8 – Appellant
Versus
A. Vijayaraghavan & Others – Respondent


For the Appellant:P.S. Raman, Addl. Advocate General for Hasan Mohamed Jinnah, Advocate. For the Respondents:R1 to R3, Zafarullah Khan, R4, Mohamed Ghouse, Advocates.

Judgment :-

N. Paul Vasanthakumar, J.

This writ appeal is directed against the order passed by the learned single Judge in W.P.No.6006 of 1998 dated 18. 1998, allowing the writ petition filed by the respondents 1 to 3 herein.

2. The brief facts necessary for disposal of the writ appeal are as follows:

(a) The writ petitioners/Respondents 1 to 3 herein are joint owners of the land comprised in T.S.No.8/9, 10, 11, 16, 17, 20, 21 and 22 bearing Door No.12, Inner Ring Road, Arumbakkam, Chennai, measuring an extent of 4,350 Sq.Mtrs. The said land was classified as Primary Residential Use Zone. The respondents 1 to 3 applied for reclassification as Commercial Use Zone for the purpose of constructing a hotel consisting of 96 rooms with six car parking areas.

(b) The appellant herein sent a reply stating that the re-classification request will be considered subject to the respondents 1 to 3 executing an undertaking bond to meet the additional facilities required such as connection of water and sewerage as required by

the Chennai Metro Water Supply and Sewerage Board and directed the respondents 1 to 3 to execute necessary affidavit. Pursuant to the said reply, an affidavit was also execute


















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