Madras High Court
S.Munirul Gutha (Alias S.M.Gutha) vs The Executive Engineer on 1 August, 2022
Author: T.Raja
Bench: T.Raja
W.P.No.19827 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.No.19827 of 2022 and WMP.No.19145/2022
S.Munirul Gutha (alias S.M.Gutha) ... Petitioner
-vs-
1. The Executive Engineer,
Zone 12 (Alandur),
Corporation of Chennai,
No.1, New Street, Near GST Road,
Alandur, Chennai-600 016.
2. The Assistant Executive Engineer,
Unit-36, Corporation of Chennai,
No.1, New Street, Near GST Road,
Alandur, Chennai-600 016.
3. The Assistant Engineer (AE/DN),
Division-161, Corporation of Chennai,
No.1, New Street, Near GST Road,
Alandur, Chennai-600 016.
4. The Secretary to Government,
Government of Tamil Nadu,
Housing and Urban Development Department,
Fort St. George, Chennai-600 009. ... Respondents
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W.P.No.19827 of 2022
Writ Petition filed under Article 226 of the Constitution of India
seeking for issuance of a Writ of Mandamus, directing the respondents
1 to 3 not to proceed further pursuant to the De-occupation Notice
dated 11.07.2022 under Section 56-Sub-Section 2(A) and 57 read with
Section 85 of the Town and Country Planning Act, 1971, as amended
by Act 61 of 2008, pending disposal of the statutory petition for
extension of time dated 08.07.2022 filed in the Statutory Appeal in
D.No.8786/UD-7(2) 2019-2 dated 22.04.2019.
For Petitioner : Ms.S.Anuradha Balaji
For Respondents : Mr.K.Raja Shrinivas
for R1 to 3
Mr.K.V.Sajeev Kumar,
Special Government Pleader
ORDER
(Order of the Court was made by T.RAJA, J.) This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 3 not to proceed further pursuant to the De-occupation Notice dated 11.07.2022 issued under Section 56-Sub-Section 2(A) and 57 read with Section 85 of the Town and Country Planning Act, 1971, as amended by Act 61 of 2008, pending disposal of the statutory petition for extension of time dated 08.07.2022 filed in the Statutory Appeal in D.No.8786/UD-7(2) 2019-2 2/8 https://www.mhc.tn.gov.in/judis W.P.No.19827 of 2022 dated 22.04.2019.
2. Learned Counsel appearing for the petitioner would submit that the petitioner is the absolute owner of the property bearing New Door No.3, Muthiyal Reddy II Lane, Alandur, Chennai-16 and the same was purchased by him by virtue of a registered sale deed dated 24.01.2007 on the file of the Sub-Registrar Office, Alandur and after purchasing the same as a vacant land, the petitioner has obtained planning sanction for putting up constructions in the Ground floor and first floor from the Commissioner, Alandur Municipality on 18.01.2007 vide P.P.No.14107/F1 and accordingly constructed the building. The petitioner has also applied and obtained additional plan sanction for putting up construction in the second floor, however, due to the heavy flood in the year 2015, many of his documents were washed away. While so, he was served with a Stop Work Notice/Notice calling approved plan dated 18.12.2018 by the respondents 2 and 3 herein. Immediately, the petitioner has submitted the plan sanction and other documents readily available with him on 02.01.2019 and also sought time to produce the other plan sanction and the same was received by the 3rd respondent on 02.01.2019. Pending his request dated 02.01.2019, the respondents have issued a Lock and Seal and Demolition Notice dated 06.04.2019.
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3. Learned Counsel for the petitioner would further submit that questioning the Demolition Notice dated 06.04.2019, the petitioner has filed an Appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before the 4th respondent and by an order dated 18.09.2019, the following conditions have been imposed by the 4th respondent:
''i. Appellant must obtain demolition approved plan from Local Body for showing the rectification proposed to make the construction comply with earlier approved plan or current rules in force.
ii. The Local Body to approve the demolition plan within 10 days from the date of application.
iii. The appellant must carry out the rectification, as per approved demolition plan. After demolition, fresh approval must be obtained, if the building remains different from earlier approval.
iv. The building shall not be used for any purpose other than rectification.
v. The enforcement notice is stayed for a period 4/8 https://www.mhc.tn.gov.in/judis W.P.No.19827 of 2022 of three months given for rectifications and to obtain revised planning permission as per rules in force. If rectification is done and once revised planning permission is obtained the notice will become infructuous.
vi. Any violation in the conditions will result in further enforcement action, without any further notice.'' In the meanwhile, when the petitioner was ready to carry out the demolition and reconstruction after issuing notice to the tenants to vacate the premises, few of the tenants have vacated but some of the tenants have not responded to the same, however, the petitioner is taking steps to restore the building as per the approved plan dated 07.04.2022. In the meanwhile, since the Covid-19 pandemic situation intervened, he could not proceed further, therefore, the petitioner has filed another petition on 08.07.2022 seeking extension of time before the 4th respondent to carry out the demolition in accordance with the plan approval dated 07.04.2022. Pending the same, the respondents 1 to 3 issued another De-occupation Notice dated 11.07.2022 under Section 56-Sub-Section 2(A) and 57 read with Section 85 of the Town and Country Planning Act, 1971, as amended by Act 61 of 2008. Since the same is pending consideration, the present Writ Petition has been filed.
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4. Mr.K.Raja Shrinivas, learned Standing Counsel takes notice for respondents 1 to 3 and Mr.K.V.Sajeevkumar, learned Special Government Pleader takes notice for 4th respondent.
5. Considering the facts and circumstances of the matter and also taking note of the fact that the Apex Court has also extended time limit on the expiry of the statutory period in matters on account of the intervened Covid-19 pandemic situation, the petitioner is finally granted six months time to restore the building-in-question as per the approved plan dated 07.04.2022. It is made clear that no further time shall be granted to the petitioner. Till such time, the respondents are directed to maintain status quo as on today.
6. With the above observation and direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
(T.R.J.,) (K.B.J.,) 01.08.2022 tsi 6/8 https://www.mhc.tn.gov.in/judis W.P.No.19827 of 2022 To
1. The Executive Engineer, Zone 12 (Alandur), Corporation of Chennai, No.1, New Street, Near GST Road, Alandur, Chennai-600 016.
2. The Assistant Executive Engineer, Unit-36, Corporation of Chennai, No.1, New Street, Near GST Road, Alandur, Chennai-600 016.
3. The Assistant Engineer (AE/DN), Division-161, Corporation of Chennai, No.1, New Street, Near GST Road, Alandur, Chennai-600 016.
4. The Secretary to Government, Government of Tamil Nadu, Housing and Urban Development Department, Fort St. George, Chennai-600 009.
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AND K.KUMARESH BABU, J.
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