Madras High Court Orders Chennai Township Residents to Pay Costs for Delaying Construction of Towers
In a recent ruling, the Madras High Court has imposed costs on 239 residents of the House of Hiranandani (HoH), a township in Egattur near Chennai, for suppressing certain facts in order to obtain an interim order preventing the construction of two residential towers on land meant for a clubhouse. The court has ordered each resident to pay ₹500 for stalling the construction since March this year.
The judgment by Justice R.M.T. Teekaa Raman revealed that the builder, Hiranandani Developers Private Limited, had received revised approval from the Directorate of Town and Country Planning (DTCP) in 2020 to construct two towers named Octavius and Veronica on a piece of land originally intended for the second phase clubhouse. The towers were planned to have 18 floors each, along with additional floors for stilt and basements. However, it was discovered that the residents’ association, Chennai Hiranandani Residents Welfare Association, had suppressed information regarding the builder’s decision to convert an adjacent sports hall into a club house-cum-sports hall, which would increase the built-up area.
Justice Raman also noted that the association had initially demanded free memberships to the already constructed club house in phase I of the project. When this demand was not met, they filed the writ petition challenging the DTCP approval for the revised plan. The judge emphasized that all flat owners in the township had given consent to the builder to revise the township development plan as needed, negating the association’s argument that consent should be obtained once again for construction in an area initially intended for a clubhouse.
The association had raised concerns about the construction of towers obstructing air flow and sunlight to existing towers in phase II, citing a deficiency in amenities. However, Justice Raman stated that such concerns should be addressed to the Tamil Nadu Real Estate Regulatory Authority rather than the High Court through a writ petition.
The ruling, while imposing costs on the residents, also underscored the importance of transparency and adherence to regulations in the construction process. The judge stressed that developers should obtain the necessary approvals and ensure that any changes to the initial plans are properly communicated to all stakeholders. The interests of both the builders and residents must be taken into consideration to maintain a harmonious living environment.
The judgment has garnered attention, with opinions split on the fairness of imposing costs on the residents. Some argue that the penalty is justified due to the alleged suppression of facts, while others believe that the residents were acting in their best interests and should not be burdened with additional charges. It remains to be seen whether the association will challenge the ruling or seek alternative resolutions.
Overall, the Madras High Court’s decision serves as a reminder of the importance of transparency and open communication between builders and residents in large-scale township projects. It highlights the need for developers to adhere to regulations and obtain necessary approvals while ensuring that any changes are effectively communicated to all stakeholders. This ruling is likely to have a significant impact on future development projects, emphasizing the importance of upholding the rights and responsibilities of both builders and residents.
