The Madras High Court which set-aside the refusal order of Additional Commissioner of Police (Traffic), made it clear that there is no need of any No objection Certificate from the Traffic police under the Development regulations 2008 for construction of multi stored buildings.
Justice V Ramasubramanian in his order on a petition filed Prince Foundation Limited to quash a letter dated September 24 sent by the Additional Commissioner of Police (Traffic) rejecting to issue No Objection Certificate (NOC) to its Multi Storied Buildings (MSB) for extension of its Floor Space Index (FSI) from 2.5 to the premium FSI of 3.5.
The petitioner undertook the project of development of a land in the city for a multi-storied buildings. The total extent of land, in which, the property comprised is about 36 grounds and 1431 sq.Ft.
Since the property is located in an area abutting the Metro Rail Project, the petitioner first applied for a no objection certificate to Chennai Metro Rail Limited. By an order dated 2.4.2011, the petitioner was granted no objection certificate for the Construction of combined double basement floor together with three blocks of buildings.
The builder has already got permission from all the concerned Departments including Airport Authority of India.
Upon the receipt of the application for premium FST the Fire Department has issued NOC and CMDA sent proposals to Additional Commissioner of Police (Traffic) for his remarks in which it was mentioned if no remarks were noted within a period of 30 days it will be presumed that there is no objection from the Traffic Point of view.
Thereafter after lapse of the period mentioned by CMDA, a refusal of permission was sent by Additional commissioner of Police (Traffic.
Setting aside the refusal order Justice V Ramasubramnian said "from a careful perusal of the Development Regulations-2008, it is clear that these Regulations also do not stipulate, as one of the pre-conditions, a no objection certificate from the Joint Commissioner of Police, Traffic.
"Nevertheless, he is included as a member of the panel, which is empowered to scrutinize the application for construction of a multi storied building, to ensure that all stake holders, have a say. No individual is given the power to veto the decision taken by the majority in the panel, the Judge said.
