The Hindu 29.04.2013
TNHB allottees can build new buildings in place of old ones: HC
The Madras High Court ruled that allottees of flats
promoted by the Tamil Nadu Housing Board (TNHB) could construct new
buildings, if they found that their existing buildings had become old.
A
full bench comprising acting Chief Justice R.K. Agrawal and Justices N.
Paul Vasantha Kumar and K. Venkataraman, went over the important
question of whether the TNHB has a right over such properties after the
execution of sale deeds in favour of individual purchasers.
Dismissing
an appeal by the TNHB, the judges stated: “allottees of the flats,
after execution of the sale deed in their favour have got every right to
demolish the existing buildings and construct new apartment blocks.
Even if additional dwelling units are constructed and sold to third
parties, the TNHB cannot lay any claim over such additional
construction.”
“As long as the constructions are
within the parameters of the rules of the CMDA, in our considered view,
the TNHB have got no say, even if additional dwelling units are
constructed after demolishing the existing flats,” the Bench said,
adding however that the allottees or the subsequent purchasers should
not convert residential blocks into commercial ones.
In
the present case, a group of allottees (or subsequent purchasers) who
intended to demolish their flats in Sowbagya Colony, K.K. Nagar, and
build new dwelling units, had sought permission from the authorities to
do so. Their demolition plans submitted to the Chennai Corporation
authorities and building permission sought from the Chennai Metropolitan
Development Authority were not processed, on the grounds that they
needed to obtain a ‘no objection’ certificate from the TNHB before any
work could be taken up.
Following writ petitions
filed by the residents, a single judge of the Madras High Court directed
the Chennai Corporation to grant an approval for the demolition of the
existing structures and the CMDA authorities were directed to process
their applications to construct new buildings. The TNHB had challenged
this order.