Madras HC: Partial redevelopment of property with UDS is illegal without owners’ consent

CHENNAI:
The Madras High Court has ruled that redevelopment of housing property involving undivided share of land (UDS) cannot be carried out partially without the consent of all owners, setting aside an earlier order that permitted the reconstruction of two blocks in Anna Nagar East, Chennai.

A Division Bench of Justice SM Subramaniam and Justice Mohammed Shaffiq delivered the verdict on writ Appeal (WA) filed by NKMVCP Rao, a flat owner at Green Gardens, L Block. The appellant had challenged the redevelopment proposal involving Blocks 382 and 383, undertaken by the KGEYES Residency Private Limited without the consent of other co-owners of the 59.65 grounds on which the complex stands.

The Bench noted that the property comprises 18 blocks with 108 HIG flats, and every owner holds an undivided share (UDS). Citing Section 13 of the Tamil Nadu Apartment Ownership Act, 2022 and Rule 9 of the Tamil Nadu Apartment Ownership Rules, 2024, the court held that redevelopment must have the consent of at least two-thirds of owners or be justified by structural risk certified by authorities. “Partial redevelopment of undivided land or common area is impermissible under law,” the judges observed.

The developer filed an affidavit stating it would demolish the structures in Blocks 382 and 383, as approved by the Greater Chennai Corporation on June 18, 2025. The court directed the demolition to be completed within one month.

For any future redevelopment, the Bench said, consent from all flat owners and statutory approvals must be secured. Allowing the appeal, the court set aside the single-judge order dated April 26, 2022.