O R D E R

The petitioners have filed this Writ Petition for issuance of a Writ of Certiorarified Mandamus to:-

i. call for the records of the impugned proceedings of the second respondent in Letter No.NHRB/C/472/2021, dated 09.11.2021 and consequential Letter No.PP/NHRB/C/0472/2021, dated 22.11.2021, ii. quash the same, and iii.direct the second respondent to re-consider the application for approval for building plan in respect of the property situated in Valasaravakam Village bearing Plot Nos.1A, 1B, 2A, 2B at No 27 and 28, Prakasam street, Janaki Nagar, Valasarvakam Chennai- 600087 compromised in Survey No 159(Part), New Survey No 159/38 159/16A2, 159/40& 159/39 without insisting “No Objection Certificate” from the third respondent.

2. The petitioners have purchased undivided shares in a land measuring an extent of 9,400 sq.ft in S.No.159/1C, Valasaravakkam Village (formerly Chengalpattu District). The land belonged to the minor sons of Mr.M.Venkatram namely, Sundararaman & Anantharamakrishnan. The land was acquired under the provisions of Land Acquisition Act, 1894. It was however sold by his legal heir to various persons. Three persons applied for planning permission in 1986 who promoted flats.

3. The promoters put up a construction. The promoters sold undivided share in the land to the petitioners and others. The petitioners have been living in the aforesaid property since 1986, pursuant to the three planning permissions granted by the Chennai Metropolitan Development Authority (hereinafter referred to as “CMDA”), for Plot No.1A on 17.02.1986 (App.No.106/1985) and for Plot 1B (App.No

1008/1986) and 2 (App.No 1009/1986) on 13.07.1986.

4. The petitioners have now decided to pull down the existing building as they are in a dilapidated condition. The petitioners have decided to put up a new construction in place of the existing building. Therefore, they approached the second respondent CMDA for building plan approval. The application was rejected by the second respondent in his proceedings dated 09.11.2021 bearing reference Letter No.NHRB/C/472/2021 and vide consequential communication dated

22.11.2022 bearing reference Lr.No.PP/NHRB/C/0472/2021.

5. It is submitted that in the year 1970 much prior to the construction of the building by the promoters in 1986, the Tamil Nadu Housing Board had proposed to acquire an extent of 303.89 acres of Patta Land for construction of Housing Units. Further, an Extension Scheme was proposed to acquire land measuring an extent of 248.21 acres of Patta Land. The Special Thasildhar (Land Acquisition), the Tamil Nadu Housing Board issued a Notification under Section 4(1) of the Act for acquisition of land which was approved by the Government vide G.O.(Ms)No.125, Housing and Urban Department, dated 08.05.1975 and G.O.(Ms)No.136, Housing and Urban Department, dated 14.05.1975. A Draft Declaration under Section 6 of the Land Acquisition Act, 1894 was approved by the Government on 07.06.1978 along with 16 other G.O’s.

6. The facts on record indicate that the subject land in S.No 159-1C measuring an extent of 1.14 acres was also a subject land for acquisition in terms of the above Notification under the provisions of the Land Acquisition Act, 1894. Later awards were also passed on the following dates as detailed below:-

7. The land in Survey No.159/1C was acquired along with other survey numbers. The Writ Petition is defended by the third respondent, the Tamil Nadu Housing Board stating that the petitioners and others are encroachers and therefore they are not entitled for get a fresh planning permission on the land which has been encroached by them all along. It is submitted that the acquisition was completed with the credit of the award amount.

8. In this connection, the learned counsel for the Housing Board has relied upon the decision of the