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______________ Page no.5 of 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 08:44:02 pm ) 2.4. Subsequently, the petitioner Association filed several Writ Petitions in W.P.Nos.34746, 34748 & 34749 of 2023 seeking for a direction to initiate action in pursuant to the lock and seal notices, dated 31.08.2021, by removing the unauthorised construction in the non FSI area and the said Writ Petitions are still pending. Meanwhile, during the hearing of the revision petition preferred by the apartment owners under section 80A application before the first respondent, the 1st respondent refused to regularise the deviations, which was originally committed by the builder/5th respondent and dismissed the petition vide order dated 04.04.2024 in letter No.16149/UD-VII(1)/2021-4. Aggrieved against the same, the present writ petition has been filed.

______________ Page no.9 of 12 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/07/2025 08:44:02 pm )

9. Deviation is completely different from unauthorised construction. While deviations are normally permissible to be regularised, the unauthorised construction is not. We do not know as to how the Tamil Nadu Combined Development and Building Rules,2019 which increased the floor space index from 1.5 to 2 FSI, vests power with the 1st respondent to regularise the unauthorised construction. The car parking, which is a non FSI area, is a common area owned by all the apartment owners and any construction put up in the same, is an illegal one. The stand of the 1st respondent that it has got power under the Tamil Nadu Combined Development and Building Rules,2019 to approve the said illegality, is an act of lawlessness. We also do not have hesitation to hold that any retention of UDS of land by the promoter by conveying lesser UDS to the apartment owners is illegal and sale of such illegal UDS is void.