w w w . L a w y e r S e r v i c e s . i n



Welfare Association 'Y' block Anna Nagar, Rep. by its President K. Selvamani v/s State of Tamilnadu rep. by Secretary, Housing and Urban Development Dept., Chennai & Others


Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = U74899DL1970GOI005276

Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = L74899DL1970GOI005276

Company & Directors' Information:- H & R BLOCK (INDIA) PRIVATE LIMITED [Active] CIN = U72900PN2006PTC128344

Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400MH2011PTC300616

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400WB2011PTC166069

Company & Directors' Information:- J J DEVELOPMENT PRIVATE LIMITED [Active] CIN = U50300WB1996PTC081491

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- E V P HOUSING CHENNAI PRIVATE LIMITED [Active] CIN = U45201TN2005PTC055469

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- L N DEVELOPMENT LIMITED [Active] CIN = U70102ML1986PLC002590

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- N S T HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70109WB2001PTC093885

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- K K R DEVELOPMENT PVT LTD [Active] CIN = U70101WB1981PTC034258

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- D P S DEVELOPMENT PVT LTD [Active] CIN = U45202WB1988PTC044797

Company & Directors' Information:- S K HOUSING DEVELOPMENT COMPANY PVT LTD [Amalgamated] CIN = U45201WB1990PTC048531

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- DEVELOPMENT CORPN PVT LTD [Active] CIN = U13209WB1939PTC009750

Company & Directors' Information:- CHENNAI HOUSING LIMITED [Strike Off] CIN = U45201TN2010PLC076462

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- M S S HOUSING DEVELOPMENT INDIA LTD [Strike Off] CIN = U45201PB1991PLC011616

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- WELFARE PVT LTD [Active] CIN = U74999WB1946PTC014414

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- R K URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC223591

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- AMP URBAN INDIA PRIVATE LIMITED [Active] CIN = U45400WB2011PTC164960

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- H AND R BLOCK (INDIA) PRIVATE LIMITED [Strike Off] CIN = U00892PN2006PTC128344

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- U R HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036764

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- A. B. URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U70100MH2015PTC267677

Company & Directors' Information:- NAGAR CORPORATION PRIVATE LIMITED [Active] CIN = U74900PN2013PTC148356

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- R & S HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70102TN2009PTC071067

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- K 4 P ASSOCIATION [Active] CIN = U01407KL2014NPL037090

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- THE WELFARE COMPANY LIMITED [Dissolved] CIN = U99999MH1929PTC001527

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

Company & Directors' Information:- A D V DEVELOPMENT ASSOCIATION [Active] CIN = U01407DL1980NPL010291

Company & Directors' Information:- J. B. NAGAR WELFARE ASSOCIATION [Active] CIN = U74999MH2019NPL328717

    W.P. No. 824 of 2021 & W.M.P. Nos. 888 & 889 of 2021

    Decided On, 02 February 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE CHIEF JUSTICE MR. SANJIB BANERJEE & THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY

    For the Petitioner: T. Sathiyamoorthy, Advocate. For the Respondents: R3 & R5, P.H. Aravind Pandian, Addl. Adv. General assisted by R. Bharath Kumar, Stdg. Counsel (HB), R4, Karthikaa Ashok, Stdg. Counsel.



Judgment Text

(Prayer: Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records relating to the proceedings bearing Letter No.L2/ 8107/ 2017 dated 22.12.2017 on the file of the 2nd Respondent and quash the same and consequentially direct the 3rd respondent to handover the Public purpose plots in Plot No.44415-A2 and 4415-B comprised in T.s.No.624 part Block 2 Mullam Village 6th Main Road Anna Nagar Aminjikarai Taluk Chennai District to the 4th Respondent for utilization for any public purpose.)Sanjib Banerjee, CJ.1. The matter pertains to the perceived illegality in the manner in which an open plot of land in Anna Nagar earmarked for public purpose has been sought to be constructed upon by the Housing Board.2. The petitioner, claiming to be a public-spirited association claims that the Master Plan envisaged the relevant plot of land to be kept reserved for public purpose. The writ petitioner seeks to suggest that the public purpose in such a scenario would imply that the land would be left open for a park. The writ petitioner insists that green areas have to be left open in the city and its suburbs as these form the lungs of the city. The writ petitioner suggests that the State ought to have preserved the plot and not allowed construction of flats thereat, for such flats to be sold by the Housing Board.3. With the ever increasing population of the country, there is a perennial stress on housing. Housing obviously requires land. There are laws that protect forest land. There are other laws that protect waterbodies from being filled up and constructed upon. Accordingly, land beyond the cities and towns must, by and large, be left untouched except to the extent already used up for public projects and for also housing the increasing number of residents in villages. Land is the most scarce of commodities and within a few generations, there will be no further land available for development unless science comes up with food substitutes that result in freeing vast tracts of land from agriculture. In the present case, the lands stood in the name of the Housing Board and pursuant to the permission sought by the Housing Board from the Chennai Metropolitan Development Authority in 2017, due permission was accorded for making a construction at the subject plot. The State is also a party to the present proceedings and does not seem to take up the petitioner's cause.4. In the light of the urgent need for more housing projects to come up to meet the growing demand, the conversion of land, unless it already exists as a park or has been previously designated as such when other construction has been allowed to mushroom, cannot be interfered with on the ipse dixit of any public spirited individual or the vague perceptions of the Court. Here is a statutory body tasked with the purpose of providing space and a statutory authority dealing with town and country planning that have put their heads together and have approved the project or are in the process of implementing the project. No case of nepotism or favouritism or the like is made out.5. The Court has to yield to the better judgment of the specialised bodies in such a scenario, however much the Court may sympathize with the writ petitioner and seek green space to be left green and untouched.6. For the aforesaid reasons, the writ petition filed in 2020 challenging a decision of 2017 - though it may not have been contemporaneously known to the writ petitioner - cannot be entertained at this stage, particularly since the project has got off the ground and substantial work has been completed. The res

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pondent authorities are reminded that as much as they have to cater to the growing demands for housing, they also need to keep waterbodies and green spaces preserved so that those that are housed are given adequate air to breathe and not left hemmed in further by concrete.W.P.No.824 of 2021 is dismissed. There will be no order as to costs. Consequently, W.M.P.Nos.888 and 889 of 2021 also stand dismissed.
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