The main legal point established in the judgment is that the DTCP approval for construction was sustainable in law and did not violate the legal rights of the petitioners.

JUDGMENT

(Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in DTCP approval bearing Na.Ka.No.2081/2020/MLPC(C.M-5) dated 19.11.2020 and to quash the same, as illegal and contrary to law and consequently, forbear the 3rd respondent from continuing with the illegal construction of new towers, namely Octavius and Verona in the location of the clubhouse for Phase II and from marketing / selling flats in the 3rd respondent’s development “House of Hiranandani” situated in Egattur, Chennai, without abiding by the original DTCP plan approved in 2016 and complete the construction of the second Clubhouse in Phase II strictly, in accordance with the plan approved in 2012 vide Na.Ka.No.9787/2012 dated 15.06.2012 along with building permit No.Mu.U.KA.No.59 dated 15.10.2012 issued by Muttukkadu Gram Panchayat and revised and renewed by Mamallapuram Local Planning Authority on 28.01.2016.)

By consent of both the parties, main writ petition itself is taken up for final disposal and orders have been passed, after hearing all the parties.

2. The petitioner is a registered association of homeowners in Hiranandani Upscale, a residential complex, situated in the petition mentioned premises.

3. The writ petition is filed challenging the DTCP approval bearing Na.Ka.No.2081/2020/MLPC(C.M-5) dated 19.11.2020 issued by the 2nd respondent to the 3rd respondent (henceforth referred to as the “Impugned Plan Approval”) in as much as the DTCP Plan approved in 2012 vide Na.Ka.No.9787/2012 dated 15.06.2012, along with building permit No.Mu.U.KA.No.59 dated 15.10.2012 issued by Muttukkadu Gram Panchayat and revised and renewed by Mamallapuram Local Planning Authority on 28.01.2016 has been amended, primarily on the ground that without consent of the owners of the flats and without even informing them of the same.

4. The short facts that are relevant for the determination of this lis, are as under:

(i) The petitioner is an Association of the Owners of Flats whereupon the 3rd respondent, Hiranandani Realtors Private Limited (HRPL) promoted a Township, Gated Community project of building integrated Tower Blocks of Apartments of varying sizes under the name and style, “House of Hiranandani”, earlier known as “ Hiranandani Upscale”.

(ii) As per the affidavit of the petitioner, House of Hiranandani (HOH), Chennai, is a township project being developed by the 3rd respondent over the land measuring 120 acres in the village Egattur, Chennai, in phases. The 3rd respondent initially obtained plan approval from the 2nd respondent in 2012 as stated above for development of 14 towers in two phases along with a school, and two Club Houses one for each phase, first one in Phase-I and the second in Phase-II.

(iii) The 3rd respondent commenced construction of Phase-I in 2009 consisting of seven towers, Greenwood, Brentwood, Bridgewood, Brichwood, Pinewood, Seawood and Oceanic. All seven towers were constructed parallelly and were handed over to the buyers from 2012. The Club House for Phase-I was completed and was made operational only in 2014.

(iv) After the inauguration of the Phase-I Club House in 2014, the 3rd respondent commenced construction of Phase-II in the year 2014 consisting of Bayview, Edina, Sinovia, Tiana, Amalfi, Anchorage and Seagull. Unlike Phase-I, construction of all towers was not taken up parallelly, Edina and Sinovia were completed in 2014, Bayview was completed in 2016 and Tiana and Amalfi were completed in 2019, construction of Seagull has been deferred by the 3rd respondent for reasons best known to them.

(v) It is a specific plea raised by the petitioner that though Phase-II is almost complete, there is no step taken or commencement of construction of a Club House in Phase-II. On the contrary, the 3rd respondent has started building two towers namely Octavius and Verona in t