The central legal point established is that under Rule 7(2) of the Building Rules, construction is prohibited within 150 meters from the boundaries of reserve forest and wooded lands.

THE HONBLE THE CHIEF JUSTICE & T.S.SIVAGNANAM, J.

1. This Appeal is directed against the Judgment and order dated 9.12.2009 in W.P.No.23660 of 2009.

2. The appellant is the writ petitioner. The Writ petition was filed to quash the order passed by the respondent Municipality dated 3.5.2008 and for a direction to the respondent to sanction the approval for construction of building in the land at Survey No.4477, belonging to the appellant situated at Ooty.

3. The case of the appellant is that his father purchased the land in question by a registered sale deed dated 16.5.2007 and even prior to the purchase, the respondent by proceedings dated 14.5.2007, gave a no objection certificate for registration of the sale deed. According to the appellant, the area in which the land is situated has been classified in the Master Plan for Udhagamandalam as “wooded area” and in such area constructions which are permissible in the primary vegetative zone could be made and therefore, the appellant submitted an application for sanction of building plan. This application was rejected by an order dated 3.5.2008 by placing reliance of Rule 7(2) of Tamil Nadu District Municiplaities (Hill Station) Building Rules 1993 (hereinafter referred to as the Rules). It is further contended that the respondent granted permission for construction in the adjacent plot and therefore the order of rejection of the appellants application is erroneous.

4. The Municipality filed a counter affidavit in the Writ Petition and submitted that the writ petition is not maintainable as the appellant was not exhausted the alternative remedy provided under section

217 DD (2) of the Tamil Nadu District Municipalities Act, 1920 (hereafter referred to as the Act). Further, it is submitted that the no objection certificate given by the Municipality for registration of the sale deed is not a ground to grant planning permission for construction of a residential building in a wooded area. Further under the Rules, the respondent is empowered to grant the approval of building plan subject to the condition that the building is a residential building with less than 250 sq.mtrs and for obtaining such approval, the requirements under the Rules have to be complied with.

5. According to the appellant, he has sought for building plan approval to construct a residential building within 150 mtrs from the boundry of reserve forest and therefore the Municipality refused permission. Thus as per the provisions of the Building Rules, there is a prohibition to put up construction within 150 mtrs from the reserve forest and therefore the application was rightly refused.

6. The learned single Judge dismissed the writ petition accepting the stand taken by the respondent Municipality and aggrieved by such order, the present Writ Appeal has been filed.

7. The learned senior counsel appearing for the petitioner contended that in view of the no objection certificate granted by the respondent, even prior to the registration of the sale deed, the respondent is not justified in rejecting the Application. Further, it is contended that the land belonging to the appellant is classified as wooded area and in terms of clause VI of the Development Control Rules, "No uses other than permissible in primary vegitative zone shall be permitted for the wooded land". Clause 2 of the Rules deals with Primary Vegetative Zone, which permits only a residential building of a single floor with height restriction for the building. Therefore, it is contended that the building plan application for planning approval ought not to have been rejected by the respondent.

8. Further, the learned senior counsel would submit that when the appellant sought for permission from the respondent for registration of the sale deed, the respondent Municipality by proceedings dated 14.5.2007, granted permission and one of the conditions in the said certificate is that construction can be put up in the land provided it is in confirmity with th