2023:MHC:3024 IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 14.03.2023 and 27.03.2023 PRONOUNCED ON : 04.07.2023 Coram:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Writ Petition No.3935 of 2023 and WMP Nos.3999 & 6484 of 2023 Chennai Hiranandani Residents Welfare Association, Rep. by its Secretary Mr.N.Venkatathri, Regd. Office: Ground Floor, Amalfi Tower, House of Hiranandani, 5/63, Rajiv Gandhi Salai, Egattur, Chennai – 600 130 ….

Petitioner Vs.

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

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

3. Hiranandani Developers Private Limited , st

1 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 Part, Egattur Village, Chennai – 600 130. ….

Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the nd records of the 2 respondent in DTCP approval bearing Na.Ka.No.2081/2020/MLPC(C.M-5) dated 19.11.2020 and to quash the same, rd as illegal and contrary to law and consequently, forbear the 3 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 /

rd selling flats in the 3 respondent’s development “House of Hiranandani” situated in Egattur, Chennai, without abiding by the original DTCP plan approved in 2016 and complete the construction of the second Clubhouse in Phase II strictly, in accordance with the plan approved in 2012 vide Na.Ka.No.9787/2012 dated 15.06.2012 along with building permit No.Mu.U.KA.No.59 dated 15.10.2012 issued by Muttukkadu Gram Panchayat and revised and renewed by Mamallapuram Local Planning Authority on

28.01.2016.

For Petitioner: : Mr. Rahul Balaji For Respondents for R1 & R2 : Mr.R.Shanmuga Sundaram, Advocate General, Assisted by Mrs.S.Mythreye Chandru Spl. Govt. Pleader.

For R3 : Mr.AR.L.Sundaresan, Sr. Counsel, Mr.P.S.Raman, Sr. Counsel For Mr.G.Vivekanand and Ms.Varuni Mohan

O R D E R

By consent of both the parties, main writ petition itself is taken up for final disposal and orders have been passed, after hearing all the parties. 2. The petitioner is a registered association of homeowners in Hiranandani Upscale, a residential complex, situated in the petition mentioned premises.

3. The writ petition is filed challenging the DTCP approval bearing nd Na.Ka.No.2081/2020/MLPC(C.M-5) dated 19.11.2020 issued by the 2 rd respondent to the 3 respondent (henceforth referred to as the “Impugned Plan Approval”) in as much as the DTCP Plan approved in 2012 vide Na.Ka.No.9787/2012 dated 15.06.2012, along with building permit No.Mu.U.KA.No.59 dated 15.10.2012 issued by Muttukkadu Gram Panchayat and revised and renewed by Mamallapuram Local Planning Authority on 28.01.2016 has been amended, primarily on the ground that without consent of the owners of the flats and without even informing them of the same.

4. The short facts that are relevant for the determination of this lis, are as under:

(i) The petitioner is an Association of the Owners of Flats whereupon rd the 3 respondent, Hiranandani Realtors Private Limited (HRPL) promoted a Township, 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”.

(ii) As per the affidavit of the petitioner, House of Hiranandani rd (HOH), Chennai, is a township project being developed by the 3 respondent over the land measuring 120 acres in the village Egattur, Chennai, in phases.

rd nd The 3 respondent initially obtained plan approval from the 2 respondent in 2012 as stated above for development of 14 towers in two phases along with a school, and two Club