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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN
S. Sudharani – Appellant
Versus
State Of Tamil Nadu, Rep. By Its Principal Secretary, Housing And Urban Development Department – Respondent
| Table of Content |
|---|
| 1. petitioner's property development and planning permit issues. (Para 1 , 2 , 3 , 4 , 5) |
| 2. government directions on planning application evaluation. (Para 6 , 7) |
| 3. court's jurisdiction on clarifications by cmda. (Para 8 , 10) |
| 4. discussion on applicability of rera vs tncdbr. (Para 11 , 12) |
| 5. court's examination of both parties' arguments. (Para 13 , 14 , 15 , 16) |
| 6. constitutional competence on rera and state laws. (Para 17 , 19 , 21) |
| 7. interaction of tncdbr and tamil nadu apartment ownership act. (Para 22 , 24 , 26) |
| 8. necessity of inclusive consent for re-development. (Para 28 , 30 , 31) |
| 9. court's order on the writ petition. (Para 32) |
ORDER :
V. LAKSHMINARAYANAN, J.
The petitioner challenges the proceedings of the 2nd respondent, calling upon the petitioner to give certain clarifications, in particular Item Nos. 49 and 51, by its e-mail dated 25.01.2025.
2. The petitioner states that she and 23 other individuals are the owners of the properties situated in Town Survey Numbers in T.S.Nos.13/9, 13/3, 18/14, 17/1 & 17/5, 13/1, 13/2 & 13/6 and S.No.138 of Athipattu Village, Ambattur Taluk, Tiruvallur District. The petitioner and the 23 other individuals had entered into a D
The legislative authority for land and planning matters resides exclusively with the State, requiring adherence to state-specific planning laws, with necessary consents from all stakeholders for rede....
Modifications to sanctioned real estate plans affecting common amenities require two-thirds consent from allottees, as mandated by the RERA Act.
Planning authority cannot mandate gift deed for street alignment land as precondition for permission; violates Article 300A, lacks statutory basis, bypasses acquisition with compensation under T&CP A....
Public landowner has preferential redevelopment rights on reserved slum land; conditional NOC cancellation valid for developer's failure to provide compliant plans for public amenities, subordinating....
Prior development permissions granted under repealed rules remain valid despite subsequent regulatory changes, and cannot be revoked retroactively by new laws.
Compliance with procedural rules is essential in property management and redevelopment matters.
Consent of existing flat owners is mandatory for modifications to original building plans under relevant statutes, and failure to secure such consent renders subsequent constructions illegal.
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