IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 12.02.2010
CORAM
THE HONOURABLE MR. JUSTICE M. JAICHANDREN
W.P.No.1449 of 2010
Sekar Alagappan .. Petitioner.
Versus
1. Chennai Metropolitan Water
Supply and Sewerage Board,
Rep. by its Managing Director,
No.1, Pumping Station Road,
Chennai 2.
2. Area Engineer,
Area V
Chennai Metropolitan Water Supply
and Sewerage Board,
No.222, II Avenue,
Anna Nagar, Chennai 40.
3.Chennai Metropolitan Development
Authority,
Rep. By its Member Secretary,
No.1, Gandhi Irwin Road,
Egmore, Chennai-600 008. .. Respondents.
Prayer: Petition filed under Article 226 of the Constitution of India, praying this Court for the issuance of Writ of Mandamus, directing the respondents 1 and 2 herein to receive the application and provide drainage and water connection to the residential building put up at Plot No.H.1985, 15th Main Road, Anna Nagar, Chennai 600 040 comprised in S.No.207 part, Thirumangalam Village without insisting upon completion certificate/No Objection Certificate from the third respondent.
For Petitioner ... Mr.R.Mohan
For Respondents ... Mr.G.S.Mohan (R1 and R2)
Mr.D.Veerasekaran (R3)
O R D E R
This writ petition has been filed praying for the issuance of a Writ of Mandamus to direct the respondents 1 and 2 herein to receive the application and provide drainage and water connection to the residential building put up at Plot No.H.1985, 15th Main Road, Anna Nagar, Chennai, comprised in S.No.207 part, Thirumangalam Village, without insisting upon completion certificate/No Objection Certificate from the third respondent.
2. Based on the direction issued by this Court, the Chennai Metropolitan Development Authority has filed a report, dated 12.2.2010, which reads as follows:
Sl.No.
Description
As per approved plan
As on site
Devia- tion
Tole- rance limit
Whether satisfy by Completion Certificate
% of devia- tion
1)
No. of floors
Stilt floor + 4 floors
Stilt floor + 4 floors
–
–
–
–
2)
No. of dwelling units
8 Nos.
4 Nos.
Less by 4 Nos.
–
–
–
3) Dimension of building
Length
22.86m
24.06m
Excess by 1.20m
0.30m
No
5%
Breadth
5.79m
7.39m
Excess by 1.60m
0.30m
No
28%
4)
Floor Space Index
1.48
1.52
Excess by 0.04
Upto 1.53
Yes
–
5)
Front Set Back
4.57m
3.97m
Less by 0.60m
0.30m
No
13%
Side Set Back (East)
4.57m
3.90m
Less by 0.67 m
0.30m
No
15%
Side Set Back (West)
4.57m
3.50m
Less by 1.07m
0.30m
No
23%
Rear Set Back
3.05m
2.45m
Less by 0.60m
0.30m
No
20%
6)
Parking
4 Nos.
4 Nos.
Due to clubbing of dwelling units No. of car parking required as per Development Control Rules is 8 Nos. but feasible 6 Nos.
Nil
No
25%
3. In view of the earlier order passed by this Court, on 3.12.2009, in W.P.No.21699 of 2009 and considering the fact that the deviation, as shown in the report is minimal in nature, the writ petition is disposed of with a direction to the respondents 1 and 2 herein to receive the application and provide drainage and water connection to the residential building put up at Plot No.H.1985, 15th Main Road, Anna Nagar, Chennai, comprised in S.No.207 part, Thirumangalam Village, without insisting upon completion certificate/No Objection Certificate from the third respondent, within a period of four weeks from the date of receipt of a copy of this order.
4.However, it is made clear that it is open to the Chennai Metropolitan Development Authority to take a decision, with regard to the deviations, at the time of the issuing of the completion certificate. Accordingly, the writ petition is disposed of. No costs.
Index:Yes/No 12.02.2010
Internet:Yes/No
ogy
Note to Office: Issue copy of the order
by 22.02.2010
To
1. The Managing Director,
Chennai Metropolitan Water
Supply and Sewerage Board,
No.1, Pumping Station Road,
Chennai 2.
2. Area Engineer,
Area V
Chennai Metropolitan Water Supply
and Sewerage Board,
No.222, II Avenue,
Anna Nagar, Chennai 40.
3. The Member Secretary,
Chennai Metropolitan Development
Authority,
No.1, Gandhi Irwin Road,
Egmore, Chennai-600 008.
M. JAICHANDREN,J.
ogy
W.P.No.1449 of 2010
12.02.2010