Authorities must consider redevelopment NOC requests on merits in light of relief granted to similarly placed residents.

The petitioners, residents and flat owners in Tamil Nadu Housing Board Block M-92, Besant Nagar, stated that the building was over 53 years old and dilapidated, and that the owners had decided to redevelop it.

The redevelopment was delayed by a title dispute concerning a flat in the possession of the sixth respondent and the consequent non-issuance of a Tamil Nadu Housing Board NOC. The petitioners’ representation dated 18 May 2026 seeking an NOC had not been considered, prompting this petition under Article 226. They relied on an earlier order in W.P. No. 11997 of 2023, following which, they submitted, an NOC and demolition permission had been granted in a similar matter

The Court exercised its jurisdiction under Article 226 of the Constitution in considering the petition for mandamus.

It directed the authorities to decide the representation on its merits and in accordance with law, taking into account the earlier order in W.P. No. 11997 of 2023, dated 28 April 2023, which concerned similar relief.

The Court noted that the petitioners’ representation remained unconsidered and that a similar redevelopment-related relief had previously been extended by the authorities following the order in W.P. No. 11997 of 2023.

In those circumstances, rather than itself granting the NOC or deciding the title dispute, the Court directed respondents 2 to 5 to consider the representation on its merits, in accordance with law and in light of the earlier order

No costs were awarded, and the matter was listed for reporting compliance on 30 November 2026