IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 29.01.2009
CORAM
THE HON'BLE MR. S.J.MUKHOPADHAYA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE V.DHANAPALAN
W.P. NO. 466 OF 2006
N.Subash Chand Jain .. Petitioner
- Vs -
1. T.J.Srinivasa Raj
2. Mrs. Sabrena Srinivasa Raj
3. Nesal Rajinikant Lalan
4. Mrs. Rakshika N.Lalan
5. P.Sanjay Jain
6. Mrs. N.Vandana Sankhala
7. The Chennai Metropolitan
Development Authority
rep. by its Member Secretary
No.8, Gandhi Irwin Road
Egmore, chennai 600 008.
8. Corporation of Chennai
rep. by its Commissioner
Ripon Buildings
Chennai 600 003.
9. The Assistant Commissioner
Corporation of Chennai
Ayanavaram, Near Bus Stand
Ayanavaram
Chennai 60 023.
10. The Tamil Nadu Electricity Board
rep. by its Chairman
Anna Salai
Chennai 600 002.
11. The Superintending Engineer (SE) North
Tamil Nadu Electricity Board
Anna Salai, Chennai 600 002.
12. The Chennai Metropolitan
Water Supply & Sewerage Board
rep. by its Managing Director
Chintadripet, Chennai 600 002.
13. The Superintending Engineer (SE) North
The Chennai Metropolitan
Water Supply & Sewerage Board
Chintadripet, Chennai 600 002. .. Respondents
Writ Petition filed for the issuance of a writ of mandamus directing respondents 7 to 9 to take appropriate action to demolish the illegal construction put up by respondents 1 to 6 in Door No.53E, New Door No.5, Venkatesapuram Colony, Angadi Market Street, Ayanavaram, Chennai 600 023 as stated therin.
For Petitioners : Mr. AR.L.Sundaresan, SC, for
Ms. AL.Gandhimathi
For Respondents : Mr. A.L. Somayaji, SC, for
M/s. T.S.Raja Mohan for RR-1 to 6
Mr. P.S.Raman, AAG, for
Mr. I.Paranthaman for R-7
Mr. V.Bharathidasan for RR-8 & 9
Mr. A.Selvendiran for RR-10 & 11
ORDER
THE ACTING CHIEF JUSTICE
This writ petition has been preferred by the petitioner to direct respondents 7 to 9 to take appropriate action and, thereby, to demolish the illegal construction being put up by respondents 1 to 6 at Door No.53E, New Door No.5, Venkatesapuram Colony, Angadi Market Street, Ayanavaram, Chennai 600 023 .
2. According to the petitioner, he is the house owner of land in Plot No.54-E, Venkatesapuram Colony, Angadi Market Street, Ayanavaram, Chennai 600 023, which is adjacent to the property of respondents 1 and 2. While giving detailed facts, it is alleged that respondents 1 to 6 have constructed building in the respective land deviating from their plan affecting the ventilation, sunlight, etc., of the petitioner. Initially he filed a suit, but as the City Civil Court, Chennai observed that it has no jurisdiction and the suit was not maintainable, therefore, he filed a writ petition in W.P. No.35013/03 before this Court against the respondents herein. In the said case, having noticed the statement made by the counsel for the Corporation of Chennai that the Corporation has already issued stop work notice u/s 236 of the Chennai City Municipal Corporation Act, 1919 (hereinafter referred to as ‘Act’), on 19th Nov., 2007, and is contemplating to issue notice u/s 256 (1) and (2) of the Act, observed that no further order was required to be passed in the said case and, thus, disposed of the said writ petition. The grievance of the petitioner is that, though it was said that notice for demolition u/s 256 (1) and (2) of the Act was to be issued, but no action has been taken by the Corporation.
Learned counsel appearing on behalf of the contesting respondents 7 to 9 submitted that though deviation has been made in some cases, the concerned respondents have either moved or contemplating to move for approval of revised plan as per construction already made. Learned counsel appearing on behalf of the Corporation accepted that they contemplate to proceed and issue notice u/s 256 (1) and (2) if there is deviation from the building plan.
3. We have heard the learned counsel for the parties and noticed their rival contentions.
4. In the present case, as we find that the Corporation has already taken steps and prima facie it appears that certain construction made by respondents deviating from the plan, but no specific decision taken with regard to any building or portion thereof, and it is informed that some of the respondents have moved or contemplating to move for approval of the revised building plan as per construction already made, instead of issuing any direction in the manner as sought for, we pass the following order :-
a) The case is remitted to the respondent, Chennai Corporation to decide whether the respondents 1 to 6 have constructed their respective building (s) or portion of the building deviating from the sanctioned plan. A fact finding enquiry should be made jointly by the authorities of the Chennai Metropolitan Development Authority (hereinafter referred to as ‘CMDA’) and Corporation of Chennai, in presence of respondents 1 to 6 and the petitioner or their respective representatives in order to find out such deviation, if any, made. It should be completed within one month from the date of receipt of a copy of this order.
b) If it is found that construction has already been made deviating from the sanctioned plan or if respondents 1 to 6 have knowledge that they have deviated from the sanctioned plan, in such case, respondents 1 to 6 may apply for sanction of revised plan, if permissible under the law. In such case, the CMDA will consider whether the revised plan, as has been submitted or may be submitted, is in accordance with the provisions of the Tamil Nadu Town and Country Planning Act and the Rules framed thereunder and, thereby, such revised plan can be approved.
c) If the revised plan is sanctioned and approved in accordance with the rules and the present Master Plan for Chennai Metropolitan Area, as notified on 2nd Sept., 2008, and the Development Control Rules, the Corporation of Chennai, may not proceed with demolition in respect of the structure/building, as sanctioned under revised plan.
d) It will be open to the petitioner to putforth his objections before CMDA opposing sanction of the revised plan and may point out the provisions of rules/guidelines which may bar such sanction.
e) If no application for revised plan has been made or revised plan is not sanctioned in regard to the deviated portion of the construction, the Corporation of Chennai will take steps and demolish such illegal construction within one month thereof.
f) It is made clear that if revised plan as has been submitted by one or other party, in such case, no enquiry is required to be made as per direction aforesaid and CMDA will take decision within one month from the date of receipt/production of a copy of this order.
g) In case of any adverse decision, the Corporation will proceed with demolition and demolish the deviated portion of such building within one month from the date of rejection order.
5. The writ petition stands disposed of with the aforesaid observations and directions. But there shall be no order as to costs.
(S.J.M., A.C.J.) (V.D.P.J.)
29.01.2009
Index : Yes
Internet : Yes
GLN
To
1. The Member Secretary
The Chennai Metropolitan
Development Authority
No.8, Gandhi Irwin Road
Egmore, chennai 600 008.
2. The Commissioner
Corporation of Chennai
Ripon Buildings
Chennai 600 003.
3. The Assistant Commissioner
Corporation of Chennai
Ayanavaram, Near Bus Stand
Ayanavaram, Chennai 60 023.
4. The Chairman
Tamil Nadu Electricity Board
Anna Salai, Chennai 600 002.
5. The Superintending Engineer (SE) North
Tamil Nadu Electricity Board
Anna Salai, Chennai 600 002.
6. The Managing Director
Chennai Metropolitan
Water Supply & Sewerage Board
Chintadripet, Chennai 600 002.
7. The Superintending Engineer (SE) North
The Chennai Metropolitan
Water Supply & Sewerage Board
Chintadripet, Chennai 600 002.
THE HON'BLE
THE ACTING CHIEF JUSTICE
AND
V.DHANAPALAN, J.
GLN
PRE-DELIVERY ORDER IN
W.P. NO.466 OF 2006
Pronounced on
29.01.2009