2024:MHC:1711 IN THE HIGH COURT OF JUDICATURE AT MADRAS Judgment reserved on: 28.03.2024 Judgment pronounced on: 08.04.2024n: .04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.A.No.3328 of 2023 Chennai Hiranandani Residents Welfare Association, Rep. by its President, Regd. Office: Ground floor, Amalfi Tower, House of Hiranandani, 5/63, Rajiv Gandhi Salai, Egattur, Chennai - 600 130.

cause title accepted and substituted the President as Authorised Signatory of the Appellant by deleting name and designation of Secretary, vide order of Court, dated 16.11.2023 made in C.M.P.No.24022 of 2023 in W.A.SR.No.97737 of 2023. .. Appellant Versus

1. The Secretary, Housing and Urban Development Department, State of Tamil Nadu, Secretariat, Chennai - 600 009.

2. Directorate of Town and Country Planning, 124, GST Road, Periyar Shopping Complex, Chengalpattu - 603 001.

3. Hiranandani Developers Private Limited, 1st Floor, Olympia, Central Avenue, Hiranandani Business Park, Hiranandani Gardens, Powai, Mumbai - 400 076.

Also at :

Chennai Office, 5/63, Old Mahabalipuram Road, Opp. SIPCOT IT Par, Egattur village, Chennai - 600 130. .. Respondents Prayer : Writ Appeal under Clause 15 of the Letters Patent to set aside the order, dated 04.07.2023 passed in W.P.No.3935 of 2023 and allow the said Writ Petition as prayed for.

For Appellant : Mr.K.Ravi, Senior Counsel for Mr.Rahul Balaji For Respondents : Mr.A.Edwin Prabakar, State Government Pleader, Asst. by Mr.T.K.Saravanan, Government Advocate, for RR-1 and 2 : Mr.Srinath Sridevan, Senior Counsel for Mr.M.S.Murali, for M/s.R & P Partners, for R3

JUDGMENT

(Judgment made by the Hon'ble Mr Justice D.Bharatha Chakravarthy)

A. The Writ Appeal :

This Writ Appeal is directed against the order of the learned Single Judge, dated 04.07.2023 in W.P.No.3935 of 2023. By the said order, the learned Single Judge dismissed the Writ Petition filed by the appellant Association with a cost of Rs.1,19,500/-. In the said Writ Petition, the appellant had challenged the DTCP approval, dated 19.11.2020 with a prayer to quash the same and consequently, to forbear the third respondent from continuing with the illegal construction of new towers namely Octavius and Verona in the location of the clubhouse for Phase - II and from marketing/selling the flats in the third respondent's development "House of Hiranandani" situated in Egattur, Chennai without abiding by the original DTCP approved plan in respect of Phase - II, dated 15.06.2012 along with building permit, dated 15.10.2012 which is renewed on 28.01.2016.

B. The case of the appellant:

2. The appellant is a society registered under the Tamil Nadu Societies Registration Act, 1975. It is the association of homeowners in Hiranandani Upscale, a residential complex situated at No.5/63, Old Mahabalipuram Road, Egattur Village, Chennai. The third respondent namely, M/s.Hiranandani Developers Private Limited permitted a township proposing to be a gated community project of building integrated tower blocks of apartments of varying sizes under the name and style 'House of Hiranandani' earlier known as 'Hiranandani Upscale'. It is developed over the land measuring 120 acres in phases. The third respondent initially obtained plan approval from the second respondent namely, the Directorate of Town and Country Planning, Chengalpattu for the development of 14 towers in two phases along with a school, and two clubhouses, one for each phase, the first one in Phase - I and the second in Phase - II in the year 2012. The third respondent commenced construction of Phase - I in the year 2009 consisting of seven towers simultaneously and the individual flats were handed over to the buyer from the year 2012 onwards. The clubhouse for Phase - I was completed and was made operational in the year 2014.

2.1. The third respondent, thereafter, commenced construction of Phase - II in the year 2014. It originally consisted of seven towers namely,