S.Mehdi Ispahani vs The Member Secretary on 24 April, 2026

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    Madras High Court

    S.Mehdi Ispahani vs The Member Secretary on 24 April, 2026

                                                                      W.P.Nos.1183 & 6888 of 2026
                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS
    
                                         Reserved On:                    Pronounced On:
                                          26.02.2026                       24.04.2026
    
                                                          CORAM
    
                            THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
    
                                                W.P.Nos.1183 & 6888 of 2026
                                                             and
                                             W.M.P.Nos.1384, 1387 & 1388 of 2026
    
                         W.P.No.1183 of 2026:
    
                         1.S.Mehdi Ispahani
    
                         2.Ranjini Ispahani
    
                         3.Firuzeh Ispahani                                        .. Petitioners
    
                         Petitioners 1 to 3 are represented by
                         their Power Agent Mr.P.Kesan
    
                                                             Vs.
    
                         The Member Secretary,
                         Chennai Metropolitan Development Authority,
                         No.1, Gandhi-Irwin Road, Egmore,
                         Chennai – 600 008.                                        .. Respondent
    
                         Prayer: Writ Petition filed under Article 226 of the Constitution of India
                         praying to issue a Writ of Certiorarified Mandamus, to call for the records
                         pertaining to the impugned letter dated 25.11.2025 of the respondent
                         under file No:CMDA/PP/NHRB/N/0161/2025 and quash the same as
                         illegal in so far as the condition of execution of gift deed for street
    
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                                                                      W.P.Nos.1183 & 6888 of 2026
                         alignment is concerned and consequently direct the respondent to issue
                         Planning Permission in pursuant to the application submitted by the
                         petitioners dated 11.03.2025.
    
                                       For Petitioners   :     Mr.A.E.Ravichandran
    
                                       For Respondent    :     Mr.P.Kumaresan,
                                                               Additional Advocate General
                                                               Assisted by
                                                               Mr.B.Sanjay Balachandran
                                                               for CMDA
    
                         W.P.No.6888 of 2026:
    
                         R.Sabapathy                                              .. Petitioner
    
                                                             Vs.
    
                         1.The Additional Chief Secretary,
                         Housing and Urban Development,
                         Secretariat, Chennai.
    
                         2.The Member Secretary,
                         Chennai Metropolitan Development Authority,
                         Thalamuthu Natarajan Building,
                         Gandhi Irwin Road,
                         Egmore, Chennai – 600 008.
    
                         3.The Commissioner,
                         Corporation of Chennai,
                         Ripon Buildings,
                         Chennai.                                                 .. Respondents
    
                         Prayer: Writ Petition filed under Article 226 of the Constitution of India
                         praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to
                         consider the application of the petitioner for Planning Permission vide
                         SBC No.CMDA/PP/NHRB/S/0031/2026 dated 09.01.2026 and issue
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                                                                             W.P.Nos.1183 & 6888 of 2026
                         Planning Permission to his premises at Chennai without insisting to
                         execute a registered Gift Deed Road in favour of competent authority.
    
    
                                            For Petitioner      :      Mr.S.Thiruvengadam
    
                                            For Respondents :          Mr.P.Kumaresan, AAG
                                                                       Additional Advocate General
                                                                       Assisted by
                                                                       Mr.B.Sanjay Balachandran
                                                                       for CMDA
    
                                                      COMMON ORDER
    
    
    

    These two writ petitions present a common issue. Hence, they are

    disposed by way of this common order.

    SPONSORED

    2.The issues that are presented are:

    (i)Whether the Chennai Metropolitan Development

    Authority (hereinafter referred to as ‘CMDA’) can call upon

    an owner of a property to execute a gift deed for a portion of

    land that it proposes to reserve or already reserved under

    Section 36 of the Town and Country Planning Act, 1971

    (hereinafter referred to as ‘T & CP Act’), as a condition

    precedent for grant of planning permission?

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    (ii)Whether Section 35-A of the T & CP Act empowers the

    planning authority to enforce such a claim?

    3.I heard Mr.A.E.Ravichandran for the petitioners in W.P.No.1183

    of 2026, Mr.S.Thiruvengadam for the petitioner in W.P.No.6888 of 2026

    and Mr.P.Kumaresan, learned Additional Advocate General assisted by

    Mr.B.Sanjay Balachandran for CMDA representing respondents in both

    cases.

    Facts in W.P.No.6888 of 2026:-

    4.The petitioner claims that he is the absolute owner of the

    property situated at Door No.79/1 & 128, Velachery Main Road and

    Gulmohar Avenue, Velachery, Chennai – 600 032. He had purchased the

    same by way of registered sale deed dated 29.10.2025 from one M/s.Leo

    enterprises. The petitioner intends to put up a residential construction

    therein. In furtherance thereof, he made an application to the CMDA on

    09.01.2026. CMDA responded to the said application on 20.01.2026. It

    had imposed several conditions for the grant of permission. One such

    condition is being impugned here. The condition being, street alignment

    portion is to be gifted to CMDA, before issuance of planning permission.

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    5.The petitioner states that he has kept the area covered by the

    proposed road alignment free from any development. He adds he is

    willing to hand over the said area to the CMDA provided fair and

    reasonable compensation is paid for the same. He assures that he will file

    an affidavit of undertaking before the CMDA to the effect that he will not

    put up any construction in the area so reserved and would also execute a

    gift deed if just, fair and reasonable compensation is paid for the same.

    6.He further points out that, till date, no notification reserving the

    area has been issued by the CMDA. Hence, he seeks a mandamus to

    direct the application for planning permission to be considered, without

    insisting upon a registered gift deed transferring his property, free of cost,

    in favour of CMDA.

    Facts in W.P.No.1183 of 2026:-

    7.The petitioners claim that they are the joint owners of the

    property situated in Door No.1, Purasaiwakkam High Road-Ritherdon

    Road, Chennai – 600 007. This property is comprised in Old Survey

    No.442, New Survey T.S.No.812/2, Block No.14, Ward No.01,

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    Purasaiwakkam Village, Chennai. The extent of the property is 5 grounds

    and 69 sq.ft. The petitioners claim title to the property by virtue of a

    settlement deed executed in their favour on 31.03.1970. The settlement

    deed was for an extent of 12170 sq.ft, of which the petitioners had

    alienated 6170 sq.ft and retained the remaining extent of 6000 sq.ft.

    8.In order to develop the property under their possession, the

    petitioners filed an application before the CMDA for sanction of a

    building plan. This application was made on 11.03.2025. The CMDA

    responded to this application on 20.04.2025, calling upon the petitioners

    to execute a gift deed for the land earmarked for street alignment, as a

    condition precedent for sanctioning of the building plan. This was in

    addition to the other conditions with, which we are not concerned, in this

    writ petition.

    9.Insofar as execution of gift deed is concerned, the petitioners

    filed an affidavit of undertaking, dated 02.05.2025, stating that the

    portion earmarked for street alignment will be fully secured and no

    construction will be put up over the same nor will any third party interest

    be created. The petitioners further undertook that they will not object to

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    the acquisition of the said land, as and when, it is required for widening

    purposes. The petitioners, yet again sent a reminder on 13.06.2025,

    requesting the respondents not to insist upon execution of a gift deed as a

    condition precedent for sanction of planning permission. They drew the

    attention of the respondents to a judgment of this Court in the case of

    P.Vijayakalyani Vs. The State of Tamil Nadu and others, W.P.No.30905

    of 2015, dated 05.06.2024 in support of their plea.

    10.In response to this reminder, the petitioners were called upon to

    submit a revised plan, which they did so, along with receipt for payment

    of scrutiny fee. Despite such intimation, the respondents by the impugned

    letter, while imposing other conditions, directed as follows:-

    “The land left for street alignment shown in the
    site plan to be gifted before issue of Planning
    permission.”

    11.Aggrieved by the same, the petitioners are before this Court.

    This Court entertained the writ petitions and called upon the respondents

    to file a counter.

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    12.The 2nd respondent in W.P.No.6888 of 2026 filed a counter. The

    counter states that as per the Second Master Plan for the Chennai

    Metropolitan Area (CMA), it has been decided that the street alignment

    would be 45 metres. The road width in front of the petitioner’s site, varies

    between 14.95 metres and 15 metres. Therefore, the land to an extent of

    15 metres on either side of the central line is required to be reserved and

    surrendered for the purpose of street alignment. It claims that the Second

    Master Plan has been approved by the State of Tamil Nadu on 02.09.2008

    and came into operation in terms of Section 30 of the T & CP Act. It

    pleads that on such publication, street alignment of 45 metres for

    Velacherry Main Road becomes a binding statutory control regulating

    development. The counter further refers to the Development Control

    Rules for Madras Metropolitan Area, 1975 framed under Section 122 of

    the T & CP Act. Relying upon Rule 18(b) thereof, the counter urges that

    if the applicant, for development hands over the land belonging to him, he

    will be entitled to additional Floor Space Index to the extent of land so

    transferred.

    13.It also points out that Rule 18(b) has been retained in the

    Development Regulations of 2008 and is the precursor of Rule 26(22)

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    thereof. It refers to the latest statutory Rules, namely, the Tamil Nadu

    Combined Development and Building Rules, 2019 (TNCBDR, 2019), to

    urge that as per Rule 35(19), the space set apart and notified for formation

    of a new road or road widening or street alignment, should be transferred

    to the local body, through a registered gift deed, before actual issuance of

    building permit. The counter then refers to Section 35-A of the T & CP

    Act to point out that if any area is surrendered free of cost, the planning

    authority is entitled to give a Transferable Development Rights (TDR) in

    proportion to the land area surrendered.

    14.Hence, the counter claims that the CMDA is entitled to insist on

    a gift deed, for the land affected by street alignment, as a condition

    precedent for plan approval. It is so, according to CMDA, since there is a

    clear statutory compensation mechanism and the same cannot be

    characterized as arbitrary or confiscatory.

    15.Referring to Sections 32 and 36 to 38 of the T & CP Act, it is

    urged that a notified street alignment, forming part of an approved Master

    Plan, is not a land reserved in order to attract the consequences of deemed

    release contemplated under Section 38. Hence, the counter pleads that in

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    case, the land owner executes a gift deed, the additional FSI or TDP

    would be granted. The counter further urges that as several persons have

    executed gift deeds, the petitioner should also follow suit. In case, he

    does not do so, it would result in unplanned development of the planning

    area and could lead to mismanagement of traffic flow. On these pleas, it

    seeks dismissal of the writ petition.

    16.It is the submission of Mr.A.E.Ravichandran that the impugned

    letter is contrary to the judgment of the Division Bench of this Court in

    P.Vijayakalyani Vs. The State of Tamil Nadu and others, in

    W.P.No.30905 of 2015, dated 05.06.2024, which dealt with the similar

    power under the Development Control Regulations, 2008, found in

    Regulation 26(22). He relies upon Sections 36 to 39 of the T & CP Act, to

    urge that the land so reserved can be acquired, but there cannot be an

    insistence to execute a gift deed for a property, which is worth about

    91.04 lakhs, free of cost.

    17.Mr.S.Thiruvengadam, while adopting these pleas, relied upon a

    very recent judgment of this Court to the very same effect in B.K.K.Prem

    Vs. The Commissioner, Corporation of Chennai and others, in

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    W.P.No.23523 of 2025 dated 14.07.2025, to urge that the writ petition

    must be ordered as prayed for.

    18.Mr.P.Kumaresan, learned Additional Advocate General, pleaded

    that once a detailed development plan is developed and approved in terms

    of Sections 26, 27 and 28 of the T & CP Act, the same comes into force

    as per Section 30 of the T & CP Act. He states that revocation or variation

    is possible only in terms of Sections 32 & 33. He relies upon Section

    35-A to point out that if the petitioners surrender their land free of cost,

    CMDA will grant the land owners transferable rights which they can

    utilize to develop their property. He states that as per the TNCDBR, 2019,

    framed under the T & CP Act, transferable rights will be given over a

    private land, when any road widening or new road formation is proposed

    and notified. He states that the petitioners are not entitled to seek a

    mandamus or certiorari as prayed for.

    Discussion, Analysis and Conclusion

    19.I have carefully considered the submissions of both sides and

    gone through the records.

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    20.Right to property is a constitutional right under Article 300A of

    the Constitution of India. In terms of this Article, no person, which

    includes a non citizen or a legal person can be deprived of his / her or its

    property, without authority of law.

    21.In terms of Article 300A, a person is protected from being

    deprived of his property through a mere executive order. In order to be so

    deprived, the People’s Representatives in the State Legislature or the

    Parliament should pass a legislation authorising a takeover. Interpreting

    the word “authority of law” in Article 300A, the Supreme Court in

    Kolkata Municipal Council vs Bimal Kumar Shah, 2024 INSC 435,

    held that authority of law is not merely existence of a statute, but includes

    a constitutional net of seven sub-rights that the State must follow to

    deprive a person of his property. They are:

    i. Right to notice – Informing the person who would be affected by

    the acquisition regarding the intention to acquire;

    ii. Right to be heard – The acquiring authority should hear the

    objections of the affected person(s);

    iii. Right to a reasoned decision – The acquiring body should

    inform the person about why the land is being acquired;

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    iv. Duty to acquire only for a public purpose – The acquisition

    body cannot exercise the power of acquisition casually, but should

    demonstrate that the acquisition serves a larger public interest;

    v. Right of restitution or fair compensation – The authority

    acquiring the land must pay just/ fair/ reasonable compensation for

    the land acquired;

    vi. Right of an expeditious process – The acquiring body cannot sit

    upon on the acquisition for years on but must stick to statutory

    timelines;

    vii. Right to conclusion – Ensuring that the acquisition process

    ends with the formal vesting of the property on the acquiring body.

    The attempt of CMDA in calling upon the parties to execute a gift deed as

    a condition precedent for grant of permission, is an attempt to by-pass the

    constitutional right and the sub rights so declared by the Supreme Court.

    22.It is a principle of administrative law which has been in vogue

    since the time of Romans, captured in the Latin maxim quando aliquid

    prohibetur ex directo prohibetur et per obliquum, which means whatever

    is prohibited directly is also prohibited indirectly. By virtue of this

    principle, when the CMDA cannot walk into the land without adherence

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    to the procedure established by law, it certainly cannot bypass the

    constitutional obstacles, which prevent the executive from reaching out to

    the property of a person by indirect method of staging, unless and until a

    gift deed is executed, the application for planning permission will not be

    considered. The role of the Constitutional Courts is in the nature of a

    guard or watchman of the rights of the citizens from being encroached

    upon by the executive. Hence, the then Chief Justice Patanjali Sastri,

    speaking for the Constitution Bench in State of Madras vs VG Row, 1952

    INSC 19, declared courts should function as a sentinel on the qui vive or

    meaning a watchman to be always on the alert to ensure the rights

    guaranteed under the Constitution are not trampled upon. If this Court

    were to permit CMDA to adopt such indirect tactics as being attempted in

    the present cases, it would be failing in the duty as a sentinel on the qui

    vive. While CMDA has the right to state how an area must be developed,

    in exercise of that power, it cannot indirectly attempt to usurp the land

    and property of individuals.

    23.Both the writ petitions do not pertain to a situation where the

    petitioners have agreed voluntarily to transfer the property in terms of

    Section 123 of the Transfer of Property Act, in favour of CMDA. Both

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    the writ petitioners insist that they will not put up any construction over

    the area reserved for proposed road widening and that they are willing to

    transfer the title to the extent, required for such widening, in case, they

    are paid just, fair and reasonable compensation or if the land is acquired,

    in exercise of the powers of any land acquisition legislations. Both the

    petitioners have expressed their willingness to file an affidavit of

    undertaking to the effect that they will not construct upon or alienate any

    portion covered by street widening plan. In fact, the petitioners in

    W.P.No.1183 of 2026 have already done so. The primary issue is whether

    the CMDA can insist upon alienation by way of a gift deed as a condition

    precedent for grant of planning permission.

    Power and functions of CMDA under the T& CP Act

    24.Let us now look at the scheme of T & CP Act. The CMDA is the

    planning authority for the CMA as per Chapter-II-A of the T & CP Act.

    The functions and powers of the CMDA are defined under Section 9-C.

    25.Section 9-C(iv) entitles the CMDA to cause such works to be

    carried out as contemplated in any development plan. As to what

    constitutes “development plan” is defined under Section 2(15) of the

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    T&CP Act. “Development Plan” means a plan for development or

    re-development or improvement of the area within the jurisdiction of a

    planning authority and includes a regional plan, a master plan, a detailed

    development plan, new town development plan and a land pooling area

    development scheme prepared under the T & CP Act. Hence, the CMDA

    is entitled to prepare a detailed development plan, insofar as Chennai area

    is concerned.

    26.Section 17 deals with Master Plan for an area; Section 18 deals

    with new town development plan; Section 19 deals with a detailed

    development plan; and Section 21 deals with submission of the detailed

    development plan for approval by the Director of Town and Country

    Planning. The Government can call upon the CMDA to prepare a detailed

    development plan, notwithstanding anything contained in Sections 17, 18,

    19 and 21 of the T & CP Act.

    27.The contents of the detailed development plan are given under

    Section 20 of the Act. The CMDA while preparing a detailed

    development plan, is entitled to propose or provide for construction,

    diversion, extension, alteration, improvement or closure of lanes, streets,

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    roads, etc,. This is as per Section 20(1)(b). A detailed development plan

    can also provide for acquisition by purchase, exchange or otherwise of

    any land or other immovable property within the area included in the

    detailed development plan whether “required immediately or not”. This

    is as per Section 20(1)(d).

    28.Once the detailed development plan is prepared, it has to be

    submitted to the Government for consent under Section 24 of the T&CP

    Act. The Government retains with itself the power to modify the plan, as

    it thinks fit. Once such modification is made, the CMDA would have to

    carry out the said modifications and re-submit the same to the

    Government.

    29.On such re-submission, under Section 26 of the T&CP Act,

    publication would have to be made in all dailies and in the Tamil Nadu

    Government Gazette, informing about such plan.

    30.By virtue of Section 28, the Government may approve such

    plan. Once approved, the plan has to be published by the Government in a

    notification in the Tamil Nadu Gazette. On such notification, the plan

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    would come into operation from the date mentioned in the said

    notification. The CMDA may at any time, after the notification, vary,

    revoke or modify the plan by a subsequent plan prepared and approved in

    the same manner as the master plan, regional plan or detailed

    development plan.

    31.It is the plea of CMDA that since there are proposals for

    widening of the Purasaiwakkam High Road and Velachery Main Road, if

    the owners of the land situated on the said roads, submit an application

    for development, the CMDA can insist as a pre-condition for surrender of

    the areas covered under the detailed development plan for proposed street

    widening as a condition precedent for the purpose of granting planning

    approval.

    32.The power to grant a development and use of land is found

    under Chapter-VI of the legislation. Section 47 states that development of

    any land in an area which is covered by a development plan, should be in

    accordance with the development plan. Once a publication is made under

    section 19(2) for a detailed development plan, no person is entitled to

    erect any building or carry out any operation, in, on, over or under any

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    land except with the written permission of the appropriate planning

    authority. The development must be in accordance with the conditions

    specified therein.

    33.The manner of grant of permission is given under Section 49 of

    the Act. In terms of Section 49(2), the planning authority may grant or

    refuse to grant of such permission having regard to the future

    development and maintenance of the planning area. Once the plan is

    approved under this section, it is valid for a duration of eight years. The

    appropriate planning authority also has the power to revoke or modify the

    plan approved under Section 54 of the Act. In case of a development

    contrary to the permission granted, under Section 56 of the Act, the

    authority has the power to remove the construction and also stop the

    unauthorized construction as per Section 57 of the Act.

    34.None of these provisions contemplate the imposition of

    compulsory execution of a gift deed prior to the grant of approval.

    Section 49 does not empower the authority to grant or refuse permission,

    in case, a person proposes to develop a property does not transfer his land

    free of cost, only on account of the fact the land has been reserved for

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    future development. This is not too far to see for. In terms of Article

    300A, the Constitutional Right to property cannot be deprived calling a

    person to transfer his land or a portion thereof, without payment of just

    and adequate compensation.

    35.The T&CP Act has a separate chapter with regards to

    acquisition and disposal of land. Under Section 36, where any land is

    required or designated in a detailed development plan, it shall be deemed

    to be a land needed for “public purpose” within the meaning of The Right

    to Fair Compensation and Transparency in Land Acquisition,

    Rehabilitation and Resettlement Act, 2013. Section 36 states that the land

    may be acquired under the said Act. If a detailed development plan is

    published, it is open to any appropriate planning authority to acquire the

    land as per Section 37.

    36.The acquisition may be a voluntary act of transfer as per Section

    37(1)(a) of the T&CP Act, on payment of an agreed amount or in lieu of

    the payment of monies, the land owner may be granted TDR in terms of

    Section 37(1)(b). If a land owner is not willing to accede to both, resort

    may be made to Section 37(1)(c) read with 37(2) entitling the planning
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    authority to make the planning application to the Government for

    invocation of Central Act, 30 of 2013. On such application, if the

    Government is satisfied, it may acquire the land strictly in accordance

    with Central Act, 30 of 2013. As per Section 38, if no acquisition of land

    is made in terms of Section 37, the reservation so made under Section 26

    and 27 of the T&CP Act lapses.

    37.It is the plea of the CMDA that as the detailed development plan

    has been notified, there is no necessity for resorting to acquisition and

    that they can use their power under Section 49 as a legal thumbscrew to

    extract the property from the applicant free of cost.

    38.I have analyzed the entire provisions of the Act in order to point

    out none of these provisions contemplate such forcible extraction of a

    property from a person in favour of the planning authority. On the

    contrary, as per Section 39, if any person is injured on account of any of

    the provisions contained in the regional plan, master plan, detailed

    development plan or new town development plan, he or she is entitled to

    seek for compensation which shall be determined by a Tribunal. This

    shows that not only is a person entitled for compensation in terms of

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    Central Act 30 of 2013, for acquisition, but by virtue of Section 39, he is

    also entitled for compensation, in case, his property is injuriously

    affected. In other words, in case of any infringement of right to property,

    the citizen is not denied of his right to compensation.

    39.Insistence of the CMDA that it will grant approval for the

    development of the land, if and only if, the gift deed is executed, is not

    supported by any statutory provisions. Section 49 provides for application

    for grant of permission for development of land. It nowhere calls upon

    the applicant/land owner to surrender his valuable right to his property, as

    a condition precedent, for getting approval for development.

    40.I would look at it in other angle. The power to grant approval

    for development is with the CMDA. On insistence of a gift deed to be

    executed as a condition precedent, the CMDA is fettering its discretion

    and limiting its decision-making power by requiring a condition

    precedent which is neither approved by a statute or the rules made

    thereunder.

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    41.Using the planning permission process to acquire land free of

    cost, apart from being unconstitutional, in the view of this Court, is an

    improper exercise of discretion vested with the authority. A statutory

    authority, like the CMDA, must inform itself of only the statute and rules

    made thereunder, rather than unlawfully fettering the power to grant or

    deny planning permission, based on its own notions.

    42.It is here that I will refer to the erstwhile development regime

    and the present regime that deal with grant of approvals. Under Rule

    18(b) of the Development Control Rules of Madras Metropolitan Area,

    1975, an option was given to the land owner to hand over the land

    belonging to him free of cost and claim additional Floor Space Index. The

    Development Control Rules, which were framed under the Town and

    Country Planning Act, nowhere called upon the owners to surrender the

    land as a condition precedent for approval. Similarly, under Rule 26(22)

    of the Development Regulations, 2008, if a land is set apart for formation

    of a road or for road widening, then the owner had an option to transfer

    the land and seek for TDR. This too was an option given to the land

    owner.

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    43.The Rules have to be read in conformity with the statute. Rule

    26(22) of Development Regulations, 2008 and Rule 18(b) of

    Development Control Rules, 1975, would have to be read along with

    Section 37 of the Town and Country Planning Act. While a development

    control plan is in force, if an owner of the land intends to develop his land

    covered by the development plan, he could agree to transfer the

    designated or reserved land in favour of CMDA by exercising the option

    under Section 37(1)(a) of the T&CP Act. Rule 26(22) and Rule 18(b)

    correspond to this provision. It cannot be stretched to the extent that even

    when there is no plan in force, for the mere proposal for development, the

    landowner should surrender his land. Such an interpretation would defeat

    the statute. The tail cannot wag the dog. Rules would have to be read in

    conformity with the statute made by the legislature.

    44.This Court has already concluded that in case an area is

    reserved, the mode of transfer of title is contemplated under Section 37(1)

    and not by exercising the power under Section 49 as a finger crusher or a

    Spanish boot to crush the property out of the owner. Such an attempt

    amounts to pillorying the owner, which is not approved either by the

    Constitution or by the T & CP Act, the statute which created the CMDA.

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    45.By virtue of Section 38, the land stands deemed to be released

    from reservation if the declaration in respect of acquisition is not

    published or if the land is not acquired. Upon such deemed release, the

    legal fiction of “public purpose” under Section 36 ceases to operate, and

    the planning authority cannot continue to impose conditions referable to

    such reservation. The insistence on execution of a gift deed as a condition

    precedent for grant of planning permission cannot survive beyond the

    statutory period, and any such insistence would be contrary to the Act.

    46.Much reliance has been placed upon Rule 35(19) of the

    TNCDBR, 2019 by the learned Additional Advocate General. A careful

    perusal of Rule 35(19), instead of going in favour of the CMDA, goes

    against it. Under Rule 35, not only should the land be set apart, but

    should also be notified as required for formation of a new road, road

    widening or street alignment. During the course of arguments, I called

    upon the CMDA to produce a notification indicating the subject land had

    been notified as contemplated under Rule 35(19). No such notification,

    which is alive, was produced.

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    47.A fair submission was made by learned Additional Advocate

    General that sometime in 1980s, a notification had been issued for

    Purasaiwakkam Village. A reservation made under Sections 26 and 27 of

    the T&CP Act is valid for a period of five years as per Section 38. Hence,

    this Court has to conclude that Rule 35(19) can be utilized, if at all only if

    a land owner, within a period of five years or the extended period as per

    Section 38(2), seeks to develop his land and agrees to receive TDR, in

    lieu of compensation, for the value of the land as per Section 35-A of the

    T & CP Act, read with Rule 35(19) of the Tamil Nadu Combined

    Development and Building Rules, 2019.

    48.Any other interpretation would render the purpose of Chapter-

    IV of the T&CP Act otiose. It is the duty of the Court while interpreting

    the statute and rules to ensure that no part of the rules or the statute is

    rendered redundant.

    49.Now I turn to the case laws cited.

    50.The Hon’ble Mr.Justice C.Saravanan, had conducted a detailed

    survey of the law in R.Rajagopalan and another Vs. The Commissioner,

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    W.P.Nos.1183 & 6888 of 2026
    Greater Chennai Corporation and others, in W.P.Nos.17363 & 18659 of

    2022 dated 19.10.2022. He concluded that gifting of a land is not a

    recognized mode of acquisition under the T&CP Act or under the

    TNCDBR, 2019. The learned Judge concluded that demanding a gift deed

    lacks statutory basis and cannot be enforced without a mutual agreement.

    51.At the time of argument before him, it was submitted that as

    against a similar view taken by another learned Single Judge, an appeal

    had been preferred by the CMDA and the same was pending. This was in

    W.A.No.3663 of 2019.

    52.I should point out that the said writ appeal was disposed of by a

    judgment of this Court on 05.06.2024 The Division Bench concluded as

    follows:-

    “3.The local authorities are not empowered to
    insist the land owners to execute a gift deed in
    violation of the provisions under law. If at all,
    the lands are required for formation of road or
    expansion of existing road, street etc., land
    acquisition proceedings are to be instituted by
    following the due process and by settling
    compensation as contemplated under the land
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    W.P.Nos.1183 & 6888 of 2026
    acquisition laws. Therefore, the authorities
    competent, in the event of taking a policy
    decision, to form street, road or expansion of
    road, is at liberty to initiate appropriate land
    acquisition proceedings by following due
    process of law. Contrarily, they cannot
    personally insist the land owners or any person
    to gift their land for road projects or any public
    projects.”
    (emphasis supplied)

    53.Following these precedents, the Hon’ble Mrs.Justice N.Mala

    allowed the writ petition of an owner in B.K.K.Prem Vs. The

    Commissioner, Corporation of Chennai and others, in W.P.No.23523 of

    2025 dated 14.07.2025, in the following terms:-

    “11.As the issue in the present writ petition is
    identical to the facts and the law raised in the
    above referred cases, I am inclined to allow the
    writ petition by issuing the following
    directions:-

    i.[1]The petitioner is directed to submit an
    affidavit of undertaking, not to put up any
    construction in an area of 60 sq.m., which is
    required for road alignment / widening.
    [2]The petitioner shall undertake to surrender
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    W.P.Nos.1183 & 6888 of 2026
    the portion of 60 sq.m. for implementation of
    the road alignment / widening work in future,
    subject to his right for reasonable and fair
    compensation.

    [3]The respondents shall, upon receipt of the
    undertaking, open the portal for re~submission
    of the application by the petitioner for planning
    permission, by dispensing with the execution of
    the Gift Deed.

    [4]The respondents shall consider the
    petitioner’s application for planning permission
    on merits and in accordance with law, within a
    period of two weeks from the date of receipt of
    the aforesaid undertaking from the petitioner.”

    54.Since the T&CP Act and the prevalent TNCDBR, 2019 do not

    empower the authority to insist on gifting of land as a condition

    precedent, for approval for development of a land as per Section 49,

    following the aforesaid precedents, both these Writ Petitions are allowed

    on the following conditions:-

    (i)The impugned order in W.P.No.1183 of 2026 bearing

    No:CMDA/PP/NHRB/N/0161/2025, dated 25.11.2025,

    insofar as it insists on execution of a gift deed as a

    condition precedent to consider the planning permission
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    W.P.Nos.1183 & 6888 of 2026
    application is quashed. The application shall be

    considered within a period of 4 (four) weeks from the date

    of uploading of the order.

    (ii)The petitioner in W.P.No.6888 of 2026 will be entitled

    for a mandamus directing the CMDA to consider his

    application, without insisting upon him to execute a gift

    deed, if the application is otherwise in compliance with

    law, within a period of 4 (four) weeks from the date of

    uploading of a copy of this order.

    (iii)As the CMDA continues to insist upon execution of

    gift deeds for the property, despite the law having been

    declared by this Court in clear terms for atleast a decade

    and more, the CMDA shall pay a cost of Rs.25,000/-

    (Rupees Twenty Five Thousand Only) to each of the writ

    petitioners. Consequently, the connected miscellaneous

    petitions are closed.

    
    
                                                                                            24.04.2026
    
                         krk
                         Index                    : Yes / No
                         Internet                 : Yes / No
                         Neutral Citation         : Yes / No
    
                         30/32
    
    
    
    
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                                                                  W.P.Nos.1183 & 6888 of 2026
    
    
                         To
    
                         1.The Member Secretary,
    

    Chennai Metropolitan Development Authority,
    No.1, Gandhi-Irwin Road, Egmore,
    Chennai – 600 008.

    2.The Additional Chief Secretary,
    Housing and Urban Development,
    Secretariat, Chennai.

    3.The Member Secretary,
    Chennai Metropolitan Development Authority,
    Thalamuthu Natarajan Building,
    Gandhi Irwin Road,
    Egmore, Chennai – 600 008.

    4.The Commissioner,
    Corporation of Chennai,
    Ripon Buildings,
    Chennai.

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    W.P.Nos.1183 & 6888 of 2026
    V.LAKSHMINARAYANAN, J.

    krk

    W.P.Nos.1183 & 6888 of 2026 and
    W.M.P.Nos.1384, 1387 & 1388 of 2026

    24.04.2026

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