Reclassification of land use based on road width regulations deems a site as mixed residential irrespective of formal notification; procedural violations do not render the classification invalid.

ORDER :

1. This writ petition has been instituted by the petitioner, who was aged 84 years as on the date of filing of the present writ petition who is now aged about 94 years, assailing the notification dated 06.04.2015 issued by the second respondent in Ref.No.VI(1)/89/2015, published in the Tamil Nadu Government Gazette No.15 dated 15.04.2015, permitting the reclassification of the land use zone at New Door No.86, Old Door No.89, Chamiers Road (Pasumpon Muthuramalingam Road), Mylapore, in R.S.No.3915/6, Block No.85, Mylapore Village, Mylapore–Triplicane Taluk, Chennai District, from Primary Residential Use Zone to Mixed Residential Use Zone, and to quash the same.

2. The trajectory of facts are as under:-

2.1. The petitioner is the widow of a retired Brigadier and an Army Officer, and a war veteran. The petitioner owned the house bearing No.88, Chamiers Road, Alwarpet, Chennai, and has been residing in the said house. While so, on the western side of the said house of the petitioner, i.e., at the respondents 6 to 9, owned the plot of land, bearing No.89, when they started excavating the soil in the year 2010 for putting up a Hotel/Restaurant, the petitioner made complaints on 12.05.2010 and 03.07.2010, alleging that the respondents 6 to 9 are making unauthorized construction in the said adjacent plot. As there was no action taken by the respondent officials, she approached this Court by filing W.P.No.17770 of 2010, but the same was dismissed on the representation made by the respondents therein that the private respondents herein had obtained planning permission.

2.2. It was thereafter, the petitioner obtained a copy of the said planning permission and contested the same, resulting in cancellation of the said planning permission by the authorities concerned. It was thereafter, the respondents 6 to 9 obtained a fresh planning permission for construction of a residential-cum-partly-commercial building from the third respondent herein. However, according to the petitioner, the construction pursuant to the said sanctioned plan was made in utter violation of the same. Hence, the petitioner started contesting the same again, resulting in issuance of notice dated 09.04.2012 under Section 56 (2) of the Tamil Nadu Town and Country Planning Act , 1971 (hereinafter referred to as “the Act, 1971”) to the respondents 6 to 9, and approached this court by filing W.P.No.31088 of 2012. While so, the respondents 6 to 9 made an application to the second respondent for regularization of the construction made by them on 27.04.2012. However, the same was rejected by the second respondent by an order dated 18.09.2012. Aggrieved thereby, the respondents 6 to 9 filed an appeal before the first respondent herein. Thereafter, they approached this Court by filing W.P.No.5583 of 2013 stating that during the pendency of the appeal before the first respondent, the second respondent is taking further action pursuant to the notice dated 09.04.2012, and obtained interim orders. The said writ petitions filed by the petitioner and the respondents 6 to 9 were dismissed by this court on 13.08.2013. The further attempts made by the petitioner herein by filing further writ petitions remained unsuccessful.

2.3. In the meanwhile, the appeal filed by the respondents 6 to 9 was dismissed by the first respondent on 26.09.2013, granting three months time to the respondents 6 to 9 for restoring the building in terms of the approved plan vide PP No.D8/5170/2010 dated 23.11.2010. Aggrieved by the said order of dismissal, dismissing the appeal filed by the respondents 6 to 9,