Total built-up area, including stilt/ground portions, determines the competent approving authority; if the area exceeds the local authority's limit (2000 sq.ft.), approval from the Town and Country Planning Authority is mandatory.

O R D E R

(Order of the Court was made by M.DHANDAPANI, J.)

Challenging the order dated 21.07.2022 passed by the first respondent, the petitioner has filed the present writ petition.

The learned counsel for the petitioner would submit that the petitioner is the owner of the property comprised in Survey Nos.383/32 and 383/33. The petitioner obtained permission from the concerned local authority for construction of a shopping complex to an extent of 1,825.5 sq.ft. However, the petitioner constructed more than 3600 sq.ft. Pursuant to a complaint alleging encroachment upon the waterbody and the road, the District Collector conducted an enquiry and passed the impugned order dated 21.07.2022. Though the District Collector ultimately found that there was no encroachment, the petitioner was directed to approach the Town and Country Planning Authority for appropriate approval on the ground that the construction put up by the petitioner exceeded 2000 sq.ft. It is submitted that the local authority is competent to grant building plan approval only for constructions up to 2000 sq.ft., and any construction beyond the said extent requires approval from the Town and Country Planning Authority.

The learned counsel for the petitioner would submit that the subject property is situated in a hill area and therefore, the ground portion could not be filled with earth without incurring substantial expenditure. Hence, the petitioner raised pillars and constructed the first floor, while the ground/stilt portion is not being used or occupied and remains vacant. It is therefore submitted that the impugned order is not sustainable and the writ petition may be allowed.

Per contra, the learned Special Government Pleader appearing for the respondents would submit that admittedly, permission was granted to the petitioner for construction only to an extent of 1,825.5 sq.ft. However, upon measurement and survey, it was found that the total construction put up by the petitioner was more than 3600 sq.ft., which is far beyond the building plan approval granted by the local authority. Therefore, the petitioner was rightly directed to approach the Town and Country Planning Authority for appropriate approval. It is further submitted that, if the petitioner obtains the requisite approval, there would be no impediment for the petitioner to utilise the ground/stilt portion also. Hence, the present writ petition is liable to be dismissed. The learned Special Government Pleader would further submit that, if the petitioner has any grievance with regard to the alleged encroachment, a survey and inspection may be conducted in the presence of the petitioner, based on the title documents produced by him and appropriate action may be taken if any encroachment is found.

Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

The complaint against the petitioner is with regard to the alleged encroachment of the waterbody and the road and also the construction put up by the petitioner beyond the extent covered by the building plan approval granted by the local authority. Admittedly, the local authority had granted building plan approval only to an extent of 1,825.5 sq.ft. It is also admitted by the petitioner that, instead of filling the ground portion with earth, he had raised pillars and constructed the first floor. Though the petitioner contends that the ground/stilt portion is not being utilised and remains vacant, the fact remains that the said portion forms part of the construction put up by the petitioner.

When the construction put up by the petitioner, including the stilt/ground portion, is taken into account, the total built-up area is admittedly more than 3600 sq.ft. Therefore, the local planning authority was justified in taking note of the total extent of construction and directing the petitioner to approach the competent Town and Country Planning Aut