The central legal point established in the judgment is the application of Section 32 of the Town and Country Planning Act, 1971, and the significance of government orders in town and country planning.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Na.Ka.No.4713/2018/LA2, dated 16.10.2018 passed by the second respondent, quash the same and consequently direct the first and second respondents to re-consider my applications dated 05.03.2018, 29.05.2018, 11.06.2018 and 22.06.2018 made for removal of B1-B1 Scheme Road, on basis of the Field Inspection Report dated 25.04.2018 submitted by the third respondent.)

1. This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to:-

i. call for the records relating to the impugned order dated 16.10.2018 passed by the second respondent in Na.Ka.No.4713/2018/LA2,

ii. quash the same, and

iii. consequently direct the first and second respondents to re-consider the petitioner's applications dated 05.03.2018, 29.05.2018, 11.06.2018 and 22.06.2018 made for removal of B1-B1 Scheme Road, on the basis of the Field Inspection Report dated 25.04.2018 submitted by the third respondent.

2. The petitioner had formed an un-approved lay out way back in the year 2011. During the interregnum, the Hon'ble First Bench of this Court in the case of M.Ramakrishnan Vs. The State of Tamil Nadu represented by its Principal Secretary, 2016 (8) MLJ 257 : 2016 SCC OnLine Mad 23269 had directed the respondents Government not to allow any development in any un-approved lay out in the State.

3. Pursuant to the above directions in M.Ramakrishnan case referred to supra, vide G.O.(MS).No.78, Home and Urban Development (UD4) Department dated 04.05.2017, “The Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017” was framed. Rule 4(5) of the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017, contains certain restriction for regularization of unapproved plots and layouts. Rule 4(5) of the Rules reads as under:-

4. Restrictions for regularization of unapproved plots and layouts. –

(5) No plot or layout in part or whole, lying in the lands affected by the alignments of proposed road or rail corridors and street alignments specified in the development plans shall be regularised.

4. The petitioner thus approached the third respondent for regularizing the un-approved plots in S.F.Nos.305/2A to 2I, 306/1A to 1G, 306/2A to 2G, 307/2A to 2G, 316/1A (Pt), 316/2B to 2E, measuring an extent of 21.38 Acres. The third respondent vide order dated 08.02.2018 bearing reference Na.Ka.No.1177/2017/KNTDA granted an approval for all the plots except for 26 plots in S.F.Nos.204, 203, 32B, 62, 192, 88A, 88, 87, 190, 89, 188, 187, 185, 120, 197, 219, 155, 220, 156, 221, 157, 222, 217, 223, 218 & 224, which were covered by a Scheme Road under G.O.Ms.No.327, Housing and Urban Development (UD-IV) Department dated 14.03.1995.

5. Aggrieved by the aforesaid order dated 08.02.2018 of the third respondent rejecting the request of the petitioner, the petitioner preferred an appeal before the second respondent under Section 76 of the Town and Country Planning Act, 1971 and Rules made there under on 05.03.2018.

6. While considering the appeal of the petitioner under Section 76 Town and Country Planning Act, 1971, the second respondent for a report from the third respondent. The third respondent, in turn, has given a detailed report dated 25.04.2018, wherein, it has been opined that the Scheme Road may no longer feasible / viable in view of the heavy development and that a portion of land through which the scheme road was to pass through had already been gifted to the local authority for construction of over head tank and that the transmission lines are criss-crossing the land.

7. The report further states that a recommendation has already been sent by the second respondent to the Government on 13.06.2014 for scrapping the B1-B1 scheme road in G.O.Ms.No.327, Housing and Urban Development (UD-IV) Department dated 14.03.1995.

8. Since there was