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4.3. It is also submitted by the learned Special Government Pleader appearing for the respondent authorities that the Promoter/12th respondent has preferred an appeal on 09.01.2019 to the Government requesting to relax the setback violation and to regularise the building under Section 113 of the Tamil Nadu Town and Country Planning Act, 1971, to which, the petitioner submitted his objections on 23.03.2021. The appeal was heard on 22.07.2021 and disposed of, with a direction to rectify the defects as per the approved plan https://www.mhc.tn.gov.in/judis and report the same before the appeal committee, within a period of five weeks. Subsequently, on 25.08.2021 as well as on 31.08.2021, the site was inspected and it was found that in the building, no rectification work has been done by the developer to set right the violations, but further construction was carried on. Hence, on 19.11.2021, to give quietus to the issue and in the interest of all the parties, the appeal committee again granted three months time to the promoter to purchase the adjacent land and to satisfy the required setback for the building as per the Tamil Nadu Combined Development and Building Rules, 2019 and to apply for necessary planning permission from the office of the Director of Town and Country Planning. Even thereafter, the site inspection revealed that no rectification work was done and hence, a reminder letter was issued to the developer on 08.07.2022. Following the same, notice dated 19.10.2022 under sections 56 & 57 of the Town and Country Planning Act, 1971, came to be issued for demolition of unauthorised construction. Therefore, it is submitted by the learned Special Government Pleader that based on the reply to the notice dated 19.10.2022, further action will be initiated against the deviations / violations of the building approval plan, in accordance with law.

13.6. That apart, the petitioner said to have filed objections to the appeal filed by the 12th respondent / promoter to the Government under section 113 of the Tamil Nadu Town and Country Planning Act, 1971, seeking permission to rectify the deviations in the building, besides making representation to the second respondent /TNRERA, who is the competent authority to take action against the real estate promoters, under section 59 of the RERA Act.
13.7. Thus, it could be seen from the aforesaid proceedings initiated by the petitioner that the 12th respondent / promoter has constructed the 4 storey building consisting of 92 flats in S.Nos.98/1 and 98/2 of Uyyakondan Thirumalai Village, Srirangam Taluk, Tiruchirapalli, in deviation of the approved plan. The car parking area and common area were converted into https://www.mhc.tn.gov.in/judis commercial areas. The EB transformer was situated in S.No.98/3 contrary to the original planning permission. The promoter has also encroached the Highways Road. Though this court directed the officials concerned to remove the unauthorised construction and restore the building as per the original planning permission, as early as on 02.03.2018, the respondent authorities removed the deviated portions in the stilt floor and relocated the EB transformer only on 27.04.2019, that too, after filing of the contempt petition by the petitioner. It could be further seen that despite the orders of this court, the 12th respondent / promoter failed to obtain the revised planning permission and continued further unauthorised construction and sold the apartments to third parties; and that, they shifted the EB transformer to public road. Though appeal under section 113 of the Tamil Nadu Town and Country Planning Act, was filed by the 12th respondent, and the same was also disposed of granting time on two occasions i.e., on 22.07.2021 and 19.11.2021, for rectifying the deviations in the subject building, nothing progressed at the end of the promoter. It is also seen that the subject building was not registered with the second respondent and the land owner / power of attorney holders have also not registered the project as per G.O.Ms.No.166, Housing and Urban Development [UD4(3)] Department, dated 29.11.2018, within the time provided by the second respondent. However, the officials concerned did not act swiftly and they sent notice dated 19.10.2022 under sections 58 and 59 of https://www.mhc.tn.gov.in/judis the Town and Country Planning Act, 1971 and that, further action for removal of unauthorised construction, is pending, without any progress.
(i) Before issuing the building planning permission, an undertaking be obtained from the builder/applicant, as the case may be, to the effect that possession of the building will be entrusted and/or handed over to the owners/beneficiaries only after obtaining completion certificate from the authorities concerned.

https://www.mhc.tn.gov.in/judis

(ii) Upon conducing personal inspection and being satisfied that the building is constructed in accordance with the building planning permission given and there is no deviation in such construction in any manner, the completion certificate in respect of residential / commercial building, be issued by the authority concerned to the parties concerned, without causing undue delay. If any deviation is noticed, action must be taken in accordance with the Act and the process of issuance of completion certificate should be deferred, unless and until the deviations pointed out are completely rectified.