ORDER :

V. Lakshminarayanan, J.

[PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the planning permission No.Nil, dated 05.11.2009 issued by the 1st respondent and that of the building permission No.501/2009, dated 05.11.2009 issued by the 2nd respondent and quash the same as without jurisdiction, illegal and null and void and directing the respondents, more particularly, the respondents 1 and 2 jointly and severally to demolish the building being built by the respondents 3 and 4 allegedly under the above said permits and further, directing the respondents to put the land thereat to proper and lawful use in accordance with law.]

This Writ Petition is filed challenging the planning permission issued by the respondents 1 and 2 with consequential direction to the respondents 1 and 2 jointly and severally to demolish the building being built by the respondents 3 and 4 allegedly under the above said permits and to put the land thereat to proper and lawful use in accordance with law.

2. The case of the writ petitioner is that the respondents 3 and 4 are the owners of the plot measuring 4378 Sq.ft at No.5F, II Street, Vinayaga Nagar, Madurai. The petitioner is the neighbour of the respondents 3 and 4. In March 2010, the third and fourth respondents started putting up a hotel and a lodge. The petitioner came to know that the construction to an extent of 10 floors (including stilt and ground floors) is an unauthorized one. She pleaded that the construction is in contravention of the approval. No set backs had been left out. With great effort, she secured a copy of the building permission, which is impugned in the present Writ Petition.

3. The plea of the petitioner is that the Commissioner, Madurai Corporation had granted permission for a commercial building in a residential zone. On account of the multi-storeyed construction, it has affected the sewerage connections and the building has been constructed in violation of the approval. Feeling aggrieved by the sanction granted by the second respondent, she challenges the planning permission granted on the following grounds :

(a) Permission of commercial building in a residential zone is bad,

(b) The permission violates Multi-storeyed and Public Buildings Rules, 1973,

(c) The planning permission and building permission were approved by the same authority and the construction is illegal.

Challenging the planning permission on these grounds, the petitioner prayed for allowing the Writ Petition.

4. The first respondent, Local Planning Authority filed a counter stating that the third and fourth respondents have not secured any building permission from it. The appropriate authority to grant permission for a multi-storeyed commercial building is the Director of Town and Country Planning, Chennai. The second respondent, namely, the Madurai Corporation had been empowered only to give planning permission for 200 Sq.m (2152 Sq.ft) in case of residential buildings and 100 Sq.m (1056 Sq.ft) in case of commercial buildings. This is in terms of the delegation, which had been given by the Director of Town and Country Planning, Madras, in his Circular No.41474/1993/D1 dated 24.09.1993. The building, which is existing, excluding the stilt floor is 1826.72 Sq.m and therefore, exceeds the power delegated to the second respondent.

5. As per G.O.Ms.No.164, Municipal Administration and Water Supply Department dated 15.06.1994, no building can be constructed or re-constructed in the City of Madurai when it exceeds 15 meter, whereas, the existing building is of an extent of 31.90 meter.

6. Apart from the fact that the second respondent did not have the power, the building violates the Multi-storeyed and Public Buildings Rules, 1973 as stated below :

S. No. Description As per rule As per approved plan Deviation Percentage of violation

1. Maximum FSI(Section 9) 1.60 4.74 (2087.68/440.33) 3.14 196.25%

2. Maximum plot coverage 4