Contention of the association and residents of the anna enclave that the roads shall only to be treated as private and they are entitled to restrict the movement of the neighbours and general public by constructing a compound wall, is hereby rejected.

Citation 

2024-1-L.W. 289

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 24.08.2023 Pronounced on: 07.11.2023 W.A. No. 2534 of 2022 and W.P. Nos. 32845 and 34521 of 2022

S. Vaidyanathan, J., and

K. Rajasekar, J.

W.A. No. 2534 of 2022

Anna Enclave Residents Welfare Association Rep. by its Secretary and Authorized Signatory. Mr. K.S. Raja, No.2/168E East Coast Road, Injambakkam, Chennai 600 115. Appellant / Petitioner

Vs.

State of Tamil Nadu Rep. by its Secretary, Municipal Administration Department, Fort St. George Chennai 600 009

2. Corporation of Madras Rep. by its Commissioner, Rippon Building Chennai 600 003.

3. Zonal Officer Corporation of Madras, Zone 15 Shollinganallur Chennai 600 119.

4. The Executive Engineer, Corporation of Madras, Zone 15 Shollinganallur Chennai 600 119.

5. The Inspector of Police (J8), Neelankarai Police Station, East Coast Road, Chennai 600 115.

6. Radiance Reality Developers India Ltd., Rep. By its Managing Director, 1st Floor, 33ft Road, Guindy, Chennai 600 032. ...Respondents

Tamil Nadu town and country planning act (1971), Sections 113, 122, regularization of plots, roads inside gated community, public or private, rights of owners, general public

Constitution of India, Article 300-A, roads inside gated community, public or private

Regularization of unapproved and layout rules (2017), roads inside gated community, public or privateIssue related to classification of roads situated in the gated community as a public road or not para 1proceeding of the CMDA, shows Anna Enclave was regularized and declared as an approved layout - Though, the corporation has no authority to demand to transfer of land in favour of it or to treat it as private properties of corporation, the roads shall be vested

in favour of municipal corporation and is for the purpose of enabling it to maintain as a public street vesting of property shall not mean that the roads are to be treated as private Municipal corporation shall treat the roads as public roads and owners of houses abutting the street shall have access to and from the public roads Corporation shall be the custodian of the road and manage it in the intent of public in general para 26

As per G.O.Ms.No.78, streets have been vested with the corporation members of the association and plot owners have also availed the benefits of this regularization accepting the conditions imposed therein and their buildings have also been approved by the greater chennai corporation Residents or the association of Anna Enclave is not entitled to prevent any person from using or entering the roads lain in their Enclave para 27

contention of the association and residents of the anna enclave that the roads shall only to be treated as private and they are entitled to restrict the movement of the neighbours and general public by constructing a compound wall, is hereby rejected.