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Judgment
G.R.Swaminathan, J
The writ petitioner is the owner of the land and building comprised in 5/43B, Laws Ghat Road, Kodaikkanal. He was issued with an order under Section 56 and 57 of the Tamilnadu Town and Country Planning Act, 1971 by the second respondent. According to the second respondent, an unauthorized construction has been made in the site in question. Questioning the same, the petitioner filed W.P.(MD)No.18738 of 2015 before this Court. By order dated, 14.10.2015, the petitioner obtained leave to move the Government. By order dated 12.04.2017, the petitioner's request was disposed of with certain directions. This is questioned in this writ petition.
2.The petitioner's contention that the provisions of the Tamilnadu Town and Country Planning Act, 1971, are not applicable, will have to be rejected, because an earlier Division Bench vide order dated 22.09.2017 http://www.judis.innic.inW.P.(MD)Nos.8630 and 5135 of 2017 has rejected the very same contention. The petitioner has only been called upon to submit a revised application to the Kodaikanal Planning Authority.
3.It is not in dispute that the petitioner has committed the following violations.
Sl.No
Details
Required as per Master Plan
Required as per Hill Station Building Rule
As per Site
% of Violations
1.
Zone Specification
Mixed Residential Zone
-
Petrol Bunk
-
2.
Plot Extent
500 Sqm
95 Sqm
809.40 Sqm
--
3.
No.of Floor
G+1
G+1
BFI+BFII+ BFIII + GF
100%
4.
Height of the Building
7 m
7 m
15 m
114%
5.
Roof of top Floor
Gable Roof
Gable Roof
Partly Gable and Partly Flat roof
50%
6.
Front Set Back
6.0 m
1.3 m
5.0 m
16%
7.
Side Set Back-1
3.0 m
-
-
100%
8.
Side Set Back-2
3.0 m
-
-
100%
9.
Rear set back
3.0 m
-
0.80m
73%
10.
Open Space
60%
25%
82%
-
11.
Plot Coverage
40%
75%
18%
-
12.
Car Parking
-
-
provided
3.We are of the view that no interference is called for. However, we have to take note of the subsequent developments. A modified master plan has come into existence. We therefore permit the petitioner to submit a fresh application to the authority concerned. It is open to the concerned authority to consider the petitioner's case and proceed strictly in accordance with law. If the petitioner's building can fit in with the new master plan and the planning and building norms, subject to terms that may be imposed by the authorities, the petitioner's building can escape from demolition. If the authorities insist on making structural alterations and changes, the petitioner is bound to make the same. The petitioner cannot flout the planning norms and demand that he should be allowed to keep the building intact. Of-course, the respondents will not demolish the petition mentioned building, till orders are passed on the petitioner's representation. If the petitioner had not already made an application, liberty is given to the petitioner to make a fresh application to the authority concerned within a period of three weeks from the date of receipt of a copy of this order. The petitioner's application shall be disposed of on merits and in accordance with law within a period of six months. Till then, the order impugned in the writ petition will be kept in abeyance. If any order is passed on the petitioner's application, the impugned proceedings will certainly abide by the said out come. Of-course, till such orders are passed, the status quo that is prevailing as on date shall continue.
4.The petitioner's building should be in tune and conformity with the planning norms. The authorities cannot pass any stereotyped order. It will vary from case to case. The authorities have to conduct a spot inspection and consider the petitioner's case in the light of the revised master plan. They will have to issue fresh proceeding. The authorities will have to ensure that the petitioner's building is in consonance with every rule and law of the land. There should be periodical inspection. If the authorities fail to ensure conformity of the petitioner's building with the planning norms, the authorities will be liable to be proceeded against.
5.With these observations and liberty, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.