W.P.No.5765 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

30.11.2022

Delivered on

20 .01.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

AND

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

W.P.No.5765 of 2020

Abbotsbury Owners' Association,

Rep. By its Secretary, Mr.T.N.C.Govindarajan,

No.74/42, C.P.Ramaswamy Road,

Alwarpet, Chennai – 600 018.

...Petitioner

Vs.

1.The Member Secretary,

Chennai Metropolitan Development Authority,

No.1, Gandhi Irwin Road, Egmore, Chennai – 600 008.

2.R.Sriram (alias) Rajivakshan

3.M/s.Ramaniyam Real Estates Limited,

Rep. By its Managing Director,

Mr.V.Jaggannathan, having office at

“Sruthi” No.11, Second Main Road,

Gandhi Nagar, Adyar, Chennai – 600 020.

... Respondents

For Petitioner

: Mr.N.Muralikumaran for

M/s.Mcgan Law Firm

For Respondents

: Ms.P.Veena Suresh for R1

Mr.S.Sundaresan for R2 & R3

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W.P.No.5765 of 2020

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.)

The petitioner, an Association of apartment owners in a project

developed by the 3^rd respondent, has come up with this Writ Petition,

seeking a Writ of Mandamus, directing the respondents to handover

possession of the portion of the building consisting basement and ground

floor to the Association, on the ground that the Association is the rightful

owner of the said portion of the building and land upon which it has been

constructed.

2.The facts as disclosed in the pleadings in the Writ Petition are as

follows:-

The 3^rd respondent, which is a promoter of residential apartments

had obtained a sanctioned plan for construction of about 77 flats residential

apartments in a piece of land abutting Sir C.P.Ramaswamy Road, Alwarpet,

Chennai – 18 in the year 2001. It appears that the 3^rd respondent had

proposed to put up a Software Technology Park with built up area of about

2,00,000 Sq.ft in the said land in tandum with M/s.SRA Systems. It is

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W.P.No.5765 of 2020

claimed that an advance of Rs.20,00,000/- was also paid by the said SRA

Systems. However, even before the necessary permission could be obtained,

SRA Systems backed out of the contract. The 3^rd respondent, however, sold

the residential apartments along with necessary undivided share in the land

as per the planning permission dated 27.08.2001 to various allottees.

3.It is claimed that by oversight, the total constructed area was

shown as 2,00,000 Sq.ft instead of 1,30,000 Sq.ft as per the approved plan.

While the process of execution of the sale deeds was on, a neighbour filed a

Writ Petition in W.P.Nos.16477 & 16505 of 2001 seeking stoppage of

construction. Around that time, 38 sale deeds were executed in respect of

the undivided share of the land. On 16.11.2001, this Court had disposed of

the said Writ Petitions with certain directions on the nature of the pile

foundation that is to be done for the purpose of erection of the entire

structure. This led to developor being forced to give up the plan to construct

basement floors.

4.The 3^rd respondent applied for revised plan for construction of

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W.P.No.5765 of 2020

Stilt + 8 floors and a Non-FSI block but, they could not construct one wing

of the 8 floors in the second block facing Beemanna Garden Street. While

approving the revised proposal, the Chennai Metropolitan Development

Authority insisted upon construction of a building in the front portion of the

land abutting Sir C.P.Ramasamy Road, since it apprehended that the said

open car parking could be sold separately thereby, a multi storried building

will be left with access from 40 feet Beemanna Garden Road, since the

entire FSI (Floor Space Index), which was available was consumed.

5.It was agreed that a Non-FSI building would come up in a

property abutting Sir C.P.Ramaswamy Road. The same proportion of

undivided share was conveyed t