Order on Agaram layout set aside

The order of a single judge directing the CMDA to grant plan permission to a builder to construct 396 dwelling units in Agaram village in Poonamallee was set aside by the first bench of Acting Chief Justice RK Agarwal and Justice M Sathiyanarayanan, recently.

By an order dated February 9, 2011, the CMDA rejected plan permission to Himabinduinfra Private Limited in Arumbakkam to construct a residential building for stilt plus four floors in Agaram village on the ground that no proportionate road breadth was available in the place in question. The builder moved the Madras High Court with a writ petition and a single judge on October 29, 2012 allowed it and directed the CMDA to grant the plan permission. Aggrieved, the CMDA preferred the present appeal.

Accepting the arguments of Additional Advocate-General PH Arvind Pandian, the bench observed that the single judge had wrongly relied upon the proceedings of the Commissioner of Poonamallee Panchayat Union dated November 22, 2011 with regard to the width of the road.

If planning permission was granted in this case, dwelling units would mushroom, which would definitely add up the population of the area and the minimum width, as prescribed in the Development Regulations, was required to align the trunk infrastructure, viz water supply, drainage main, electrical line, storm water drains etc. In the absence of minimum requirement, it would definitely lead to inconvenience to the residents and the civil amenities would also be increased to the maximum.