HC pulls up Tamil Nadu Housing Board

By Our Special Correspondent

CHENNAI, JULY 10.

The Madras High Court has pulled up the Tamil Nadu Housing Board (TNHB) for alloting the area earmarked for garage and "open space' in a developed Colony in Chennai, in favour of private parties and the Postal Department.

The Court held the TNHB's action in selling the open space in the layout at commercial rates, as illegal and highly objectionable.

Mr.Justice P.Sathasivam, who allowed a writ petition from the HIG Flat Owners Welfare Association, Kotturpuram, observed that open and other spaces were part of the layout and the cost paid by the allottees included the cost of vacant land.

The Association's petition said the layout was formed in 1978 and the allotments made in 1980-81. However, in 1991, some areas shown the layout as earmarked for garages were converted into plots and allotted to third parties for residential purpose.

Later the TNHB handed over the plan in 1991 to the residents' association, where it was found that the area shown as `open space' was considerably reduced. The residents learnt that the open space had been allotted to the Postal department.

The Board countered that the open space was converted for allotment of public purpose as well as for residential sites, with necessary sanction from the CMDA.

Mr.Justice Sathasivam said a perusal of the plan showed that the layout plan contained more open space. The Development Control Rule noted that for such big layouts 10 per cent of the area was to be earmarked for open space.

Pointing to the registered sale deeds, the Judge said the allottees were entitled to use the entire area. In all, the allottees had paid Rs.102.65 lakhs, which worked out to Rs.81,900 per flat. This clearly included the cost of construction, land and land development; the flats had been purchased along with the right to use the open space as per the approved layout. In such circumstances, the TNHB or the MMDA had no power to alter the same without the allottees' consent.

Also, as per several judgments, the Board (as the developer) had no right over any portion of the land in the entire area in question.

As for the allotment to the postal department, the Judge said none could underestimate the service of the post office. However there could not be any justification for permitting the post office to construct massive building in the midst of residential quarters. Further, they went on to construct quarters for the staff. This, he stated, could not be permitted.

Under the circumstances, the Judge directed the Board to cancel the allotment to two residential plots and the space allotted to the Postal Department, and keep the open space as earmarked in the layout of 1978.

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Section  : Southern States
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