WP/34067/2017 of Amita Keshav Vs Chennai Metropolitan on 28 December 2017

1. Amita Keshav

2. Shruti Gehenwar3. Shashwat Gehenwar4. B.Inderjit Singh...PetitionersVs

1. Chennai Metropolitan Development Authority rep. by its Member-Secretary, No.1, Gandhi Irwin Road, Egmore, Chennai-8.

2. Government of Tamil Nadu, rep.by its Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai-9. ...Respondents PETITION under Article 226 of The Constitution of Indiapraying for issuance of a Writ of Mandamus, forbearing therespondents from initiating any coercive action of locking andsealing and demolition action with regard to the building put upat 5[th] Floor of K.G.Eternia, 14/50, K.B.Dasan Road, Alwarpet,Chennai-18, pending determination of Section 80-A RevisionPetition dated 21.12.2017 with the Government.

For Petitioners : Mr.R.MohanFor Respondent-1 : Mr.A.KumarFor Respondent-2 :Mr.T.N.Rajagopalan,Special Govt. Pleader [Order of the Court was made by M.S.RAMESH,JMr.A.Mohan, learned Counsel accepts notice for the firstrespondent. Mr.T.N.Rajagopalan, learned Special GovernmentPleader accepts notice for respondents 2 and 3.

https://hcservices.ecourts.gov.in/hcservices/

2. The writ petition has been filed by the petitionerseeking to forbear the respondents from initiating any coerciveaction of locking and sealing and demolition action with regardto the building put up at 5[th] Floor of K.G.Eternia, 14/50,K.B.Dasan Road, Alwarpet, Chennai-18, pending determination ofSection 80-A Revision Petition dated 21.12.2017 with theGovernment.

3. It stated by the petitioners that they are the originalowners of the subject property. They had entered into a JointDevelopment Agreement with the Builder, namely, Kishore KumarGokuldas of K.G.Constructions on 19.10.1998 and executed aRegistered Power of Attorney in his favour by allowing him toconstruct flats and to submit application for grant of planningpermission and to sell the proportionate undivided shares ofland to the individual flat owners. The Builder obtainedplanning permission from the 1[st]respondent herein forconstruction of stilt + 4 floors of residential flats. But thedeveloper raised 5[th] floor and allotted the same to themconsidering the locality and space available. Subsequently, theDeveloper applied for regularisation of the 5[th] floor bysubmitting an application to the 1[st] respondent C.M.D.A. underSection 113-A of the Tamil Nadu Town and Country Planning Act on31.10.2000 by remitting the initial fee of Rs.73,350/-.Thereafter, the CMDA scrutinized the application and issued ademand on 5.6.2002 claiming balance regularisation fee and othercharges with regard to the 5[th] floor violation. Aggrieved overthe same, the Builder preferred Appeal to the Government underSection 113-A (6) of the Tamil Nadu Town Planning Act. In fact,the said 5[th] floor of the building was assessed for payment ofproperty tax by the Corporation of Chennai in the year 2000.Nearly 13 years, the petitioners or developer did not hearanything from CMDA with regard to the status of regularisationapplication. Suddenly, in the year 2013, the CMDA issued thelocking and sealing notice by alleging that the 5[th] floor isunauthorized and not regularisable. Against the same, thepetitioners preferred Special Revision Petition under Section80-A of the Town and Country Planning Act along with StayApplication to the 2[nd] respondent on 13.12.2017. Now thegrievance of the petitioners is that pending the same, theofficials of the 1[st] respondent come to the petition premises andthreaten to initiate locking and sealing action. Hence, thepresent Writ Petition has been filed.

4. Considering the facts and circumstances of the case, wedirect the first respondent to consider the revision and thestay petition filed by the petitioner on 13.12.2017 and passappropriate orders on merits and in accordance with law afteraffording an opportunity of hearing to the petitioner, withinthree months from the date of receipt of a copy of this order.

Till the disposal of the revision, no coercive steps shall betaken by the respondent authorities.

5. The writ petition is disposed of accordingly. No costs.Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS VIII)

/true copy/

Sub Asst. Registrar

To

1. Member-Secretary, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road, Egmore, Chennai-8.2. Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai-9.+ 1 cc to Mr.R.Mohan Advocate,SR.92596+ 1 cc to The Govt.Pleader, SR.92664WP.No.34067 of 2017&WMP.No.37804 of 2017nr 12/01/2018