Supreme Court order binding on flat buyers; excluded buyers cannot seek writ relief for title conveyance.

ORDER :

M.DHANDAPANI, J.

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 1 and 2 to issue No Objection Certificate to the third respondent to execute the sale deed for the 516 sq.ft. of undivided share in the subject land comprised in O.S.Nos.39/1, 2, 3 Part, 295/1 and 2, 296 Part and 297/1 Part T.S.No.14/2 Part, Block No.129, measuring an extent of 39264 sq.ft. (90 cents), Kodambakkam Village, Mambalam-Guindy Taluk, Chennai, in the name of the petitioner pursuant in the agreement of sale dated 23.01.2007 entered into between the husband of the petitioner and the third respondent.

2.The learned Senior Counsel appearing for the petitioner submitted that the land measuring 90 cents in Survey No.297/1, Kodambakkam Village, Mambalam-Guindy Taluk, Chennai [hereinafter referred to as ‘subject property’] belong to the Tamil Nadu Housing Board and without knowledge that the subject property belong to the Tamil Nadu Housing Board, the third respondent purchased the property from the so called erstwhile owners for a valuable consideration of Rs.3 Crores. The third respondent approached CMDA for reclassification of the subject property from institutional zone to residential zone and CMDA published Notification dated 09.11.2005 in the Government Gazette reclassifying the subject land from institutional zone to residential zone. The third respondent thereafter issued advertisement dated 13.11.2005 in the newspaper calling for applications for purchase of flats in the housing project to be developed by the third respondent in the subject property and the plan was approved by CMDA on 20.03.2006 and necessary plan sanction was also issued by Chennai Corporation vide sanction order dated 05.04.2006 for construction of three floors in the subject property.

3.The learned Senior Counsel appearing for the petitioner further submitted that the third respondent put up a multistorey building by name Metropolis in the subject property and the petitioner’s husband purchased flats in the said building. The petitioner’s husband entered into sale agreement dated 23.01.2007 with the third respondent and two others who were joint owners of the subject property under which it was agreed that 516 sq.ft. of undivided share in the subject property will be sold to the petitioner’s husband and on the same day, a construction agreement was entered into between the petitioner’s husband and M/s.Land Mark Construction under which it was agreed that Flat No.T15, B Block in the third floor of an area of 1030 sq.ft. will be constructed for a value of Rs.22,29,252/- and after construction, the flat was handed over to the petitioner’s husband.

4.The learned Senior Counsel appearing for the petitioner further submitted that the patta issued to the third respondent for the subject property was set aside by this Court in a Public Interest Litigation on 05.10.2010 and the matter went up to Hon’ble Supreme Court in S.L.P.Nos.19368 – 19369 of 2007 [later renumbered as C.A.Nos.5414 – 5415 of 2010] by order dated 02.11.2007 directed the third respondent to deposit Rs.5 Crores with the Tamil Nadu Housing Board. The learned Senior Counsel further submitted that the petitioner’s husband purchased Flat No.T-15 in Block No.B renumbered as BT-7 in the third floor of Metropolis by paying sale consideration for the undivided share of the land measuring 516 sq.ft. to the third respondent and also paid the cost of construction to M/s.Land Mark Construction and further submitted that when Tamil Nadu Housing Board received Rs.5 Crores from the third respondent, there is no legal impediment for the respondents to execute sale deed in respect of 516 sq.ft. of undivided share in the subject property i