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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HON’BLE MR. JUSTICE S. VAIDYANATHAN, HON'BLE MR. JUSTICE K. RAJASEKAR, JJ.
Anna Enclave Residents Welfare Association – Appellant
Versus
State of Tamil Nadu – Respondent
W.A. No. 2534 of 2022, W.P. Nos. 32845, 34521 of 2022
Decided On : 07-11-2023
CLASSIFICATION - ROAD CLASSIFICATION - TAMIL NADU TOWN AND COUNTRY PLANNING ACT, 1971; G.O.(Ms).No. 78; G.O.(Ms). No. 172 - The court discussed the classification of roads in the Anna Enclave as public roads based on the Tamil Nadu Town and Country Planning Act, 1971, and relevant government orders. It interpreted that the regularization of the layout framework mandated that roads be treated as public and vested with the local authority, thus influencing the decision to dismiss the writ appeal and affirm the public nature of the roads.
Fact of the Case:
The Anna Enclave Residents Welfare Association challenged the classification of roads in their gated community as public roads, arguing that they were private roads established for the exclusive use of residents. The Greater Chennai Corporation had maintained these roads and provided services, leading to a dispute over access and classification.
Finding of the Court:
The court found that the roads in Anna Enclave were classified as public roads following the regularization of the layout by the Chennai Metropolitan Development Authority. The court emphasized that the residents had accepted the benefits of this regularization and could not later claim the roads as private.
Issues: Whether the roads in Anna Enclave should be classified as public or private, and whether the residents could restrict access to these roads.
Ratio Decidendi: The court held that the regularization orders clearly stated that the roads were to be treated as public and vested with the local authority. The residents' acceptance of the regularization benefits estopped them from claiming the roads as private.
Final Decision: The writ appeal by the Association was dismissed, affirming that the roads in Anna Enclave are public roads and that the Greater Chennai Corporation is responsible for their maintenance.
JUDGMENT :
K. RAJASEKAR, J.
Prayer: Writ Appeal as against the order dated 09.11.2022 passed in W.P. No. 11801 of 2022.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of CERTIORIFIED MANADAMUS calling for the records of the 3rd Respondent in proceedings in Letter No. Z.O.XVC.No. B3/02547/2021, dated 07.08.2021 and QUASH the same, since the 3rd Respondent therein had erroneously classified the Petitioner's Private road within "Anna Enclave" Gated Unit as Public Road and direct the Respondents 1 to 6 herein not to interfere with the Petitioner's right over the property situated in "Anna Enclave" Gated community area situated at S.Nos .138/2 to 7, 139, 140, 141/1, 142/1,2, 144/1A,1B,2, 3PT, 6 to 10, 145, 147, 148/2, 149, 150, 151, 152, 153, 154/1,2,4, 240/3, 241, 242/1,2 of Injambakkam Village, East Coast Road, Chennai - 600 115.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ or order or direction or any other writ in the nature of a 'Mandamus', directing the Respondents 1 to 4, to act on the petitioner's representation dated 19.11.2021, within a time frame fixed by this Hon'ble Court.
1. The issue involved in this Writ Appeal and Writ Petitions are related to classification of roads situated in the Gated Community under the name and style “Anna Enclave” at East Coast Road, Injambakkam, Chennai-600 115 as a public road or not. Hence all the matters have been taken up together with the consent of the parties and hereby common Order is passed.
2. The brief facts leading to filing of Appeal and Writ petitions are as follows.
3. The appellant in W.A. No. 2534 of 2022 is the Anna Enclave Residents Welfare Association (Association hereafter). Its members are owning Farm house plots at ‘Anna Enclave’, Injambakkam, East Coast Road in the out-skirts of the Chennai city. The objective of the Association is to safeguard the interest of the property owners within Anna Enclave Gated Community Unit. On 16.01.1992, by written agreement, the members of the Association and others have created a Gated Farm House sites with private road and pathways and the unit is named as ‘Anna Enclave’. It consists of 90 units of Farm sites to the total extent of 25 acres, which was also surrounded by a compound wall. Subsequently, village of Injambakkam and other surrounding areas have been included under the Greater Chennai Corporation.
4. In the year 2021, one of the resident of the petitioner's Association, Mrs. Saraswathi Bhai applied for regularization of the unapproved plots in the Survey No. 742/7A1B, Injambakkam Village, Plot No. 46 of Anna Enclave, Chennai on 12.10.2021. Similarly some of the members have also approached the Greater Chennai Corporation for regularization of their unapproved buildings and plots and seeking planning permission for construction of buildings. Based on the request of the members of the Association, the regularization of the individual plots was Ordered under Regularization of Unapproved and Layout Rules 2017 u/s. 113 R/w. section 122 of the Tamil Nadu Town and Country Planning Act, 1971 and also as per G.O.(Ms).No. 78, notified by Housing and Urban Development Department, dated 04.05.2017 and G.O.(Ms). No. 172, Housing and Urban Development Department, dated 13.10.2017.
5. As per the proceedings dated 01.11.2018, the Member Secretary of the Chennai Metropolitan Development Authority (CMDA hereafter) has regularized the layout structure of unapproved plots of Anna Enclave, based on the application submitted by one Suren Prabu. The Chennai Metropolitan Development Authority has directed the Greater Chennai Corporation to regularize each individual plots in principle layout framework viz., Anna Enclave of Injambakkam Village after collecting necessary charges and conditions. Based on this, regularization layout framework, the buildings situated in Anna Enclave were also regularized. Thereafter, the Corporation collected the development
AI
The classification of roads in a regularized layout as public roads is binding on residents who have accepted the benefits of such regularization, and they cannot later claim these roads as private.
Section 265 of Act reads as vesting of public streets and their appurtenances in corporation.
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