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Showing contexts for: Building deviation in Khivraj Tech Park Pvt. Ltd vs Chennai Metropolitan Water on 7 June, 2011Matching Fragments
4.In the light of the subsequent writ petition, practically nothing survives in the first writ petition. It was agreed that the first writ petition, i.e., W.P.No.23218 of 2008 may be dismissed along with its miscellaneous petition as the issue had survived for consideration in the subsequent writ petition. Accordingly, W.P.No.23218 of 2008 will stand dismissed. Consequently connected miscellaneous petition stand closed.
5.Before going into the rival contentions, it must be noted that the petitioner company had constructed an Information Technology building at the Olimpia Technology Park in SIDCO Industrial Estate at Guindy. When they had applied for a completion certificate, an opinion was sought for from the Metro Water and CMDA pending the service connections. The matter was placed before the Sub committee of Monitoring Committee in its meeting held on 27.3.2007. The Committee on scrutiny of papers found that the construction did not satisfy the compliance certificate norms. It was decided that the petitioner must apply for a revised approval. These facts were intimated by the CMDA to the Secretary to the Government, I.T. Department. The CMDA also wrote to the petitioner intimating the decision of the Committee and also various deviations found in the building. Out of 37 norms for completion certificate, it was found that 20 norms were not applicable to them. While they had observed 12 norms, in respect of 5 norms, there was no satisfaction. Therefore, they were advised to file a fresh application for approval. Instead of complying with the same, the petitioner had moved this court through a writ petition in W.P.No.4088 of 2008. But, the petitioner did not challenge the report of the Committee pointing out the deficiencies. On the other hand, in the writ petition they had asked for a direction to provide water supply and sewerage connections without insisting on a completion certificate. V.Dhanapalan, J. on perusal of the Sub Committee's report recorded a finding that the deviations of the building constructed by the petitioner company were only minimal. After relying an unreported decision of this Court, the learned Judge had directed the respondents to accept the application of the petitioner to provide water and service connection. The CMDA was directed to complete water and sewerage connections in the said property. Liberty was given to CMDA to take action against deviation in accordance with law at the time of issuance of the completion certificate. Therefore, without a completion certificate and thanks to the interim order passed by this court, the petitioner got their water and sewerage connection. By the same interim order dated 13.10.2008 they also got the water and sewerage connection within two weeks and after making adhoc payment of Rs.50 lakhs.