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2011 Supreme(Mad) 4700

D.HARIPARANTHAMAN, ELIPE DHARMA RAO
Kences Foundations Pvt. Ltd. , Rep. by its Managing Director K. Narsa Reddy – Appellant
Versus
State of Tamil Nadu Rep. by its Secretary to Government Housing and Urban Development Department – Respondent


Advocates Appeared:
For the Petitioners:V.T. Gopalan, Senior Counsel for P.B. Ramanujam, C.A. Diwakar, Advocates.
For the Respondents:R1 - Malarvizhi Udayakumar, Special Government Pleader, R2 - I. Paranthaman, V. Bharathidasan, R5 -C. Sri Ranjani, Advocates.

Judgment

D. HARIPARANTHAMAN, J.

W.P.NOS.4674 OF 2008, 4480 AND 4481 OF 2010

1. Brindavan Apartment Owners Welfare Association (shortly "the Association") is the petitioner in W.P.Nos.4674 of 2008, 4480 and 4481 of 2010. The petitioner in W.P.No.10132 of 2003 is Kences Constructions Pvt. Ltd., (shortly "the Builder").

2. The Builder submitted an application to the Chennai Metropolitan Development Authority (shortly "the CMDA") in the year 1996 seeking planning permission for construction of seven blocks of multi-storeyed buildings, out of which, six blocks are residential buildings and one block would be of a Hotel, at No.135, Poonamallee High Road, Kilpauk, Chennai -600 010, an arterial road in the Chennai Metropolitan City.

3. The CMDA granted planning permission for construction of six blocks consisting of ground and 9 floors for residential purposes and one block consisting of ground and 7 floors for Hotel purpose, in PP No.C/PP/MSB/25 A to K/96 (Planning Permit No.19735) dated 20.06.1996 and communicated the same to the Builder vide their letter No.C3/29047/95 dated 20.06.1996. The planning permit dated 20.06.1996 was valid for three years, that is from 20.06.1996 to 19.06.






















































































































































































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