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Showing contexts for: Building deviation in Mariadassou Philomene Dominique vs The Member Secretary on 3 March, 2015Matching Fragments
[Order of the Court was made by M.VENUGOPAL, J.] The Petitioner through her power agent has preferred the Writ Petition No.31266 of 2014, praying for passing of an order by this Court in directing the Second Respondent to demolish the deviated building constructed by the Third Respondent at Door No.91, Montorsier Street, Puducherry (at T.S.No.169, R.S.No.239 Pt. Old No.55, Ward-D, Block No.13) in pursuant to the notice of the Second Respondent dated 15.04.2011, 29.11.2013 and 06.01.2014 respectively. In so far as the Writ Petition in W.P.No.2108 of 2015, the Petitioners have filed the Petition in the nature of Certiorarified Mandamus to call for the records pertaining to the lock and sealing order passed by the First Respondent in Ref.No.6100/TCP/Board/J(D)/2014/1754 dated 19.09.2014, consequential order No.2554/PPA/SB/4/2014/5325 dated 10.12.2014 issued by the Second Respondent in respect of the Petitioners' premises and to quash the same. Further, they have sought for passing of an order in directing the Respondents to remove the lock and seal made to the Petitioners' premises bearing old Door No.55, New Door No.91, Montorsier Street, Puducherry-1.
g.The Third Respondent had constructed the residential flats by deviating more than two times of the approved plan. The violation is contrary to the provisions of Puducherry Town and Country Planning Act, 1969 Rules and Regulations. Furthermore, the Petitioner is deprived of getting air and light for her property and also affected the stability and privacy.
h.On the earlier occasion, the Petitioner filed W.P.No.30201 of 2013 before this Court seeking to demolish the deviated building constructed by the Third Respondent and this Court by an order dated 08.11.2013, directed the Second Respondent/Member Secretary, Puducherry Planning Authority, Puducherry to pass appropriate orders on the Representation of the Petitioner dated 30.09.2013 on merits and in accordance with law after hearing her as well as the Third Respondent within a period of eight weeks from the date of receipt of copy of the order.
b.Also that the Puducherry Planning Authority received representations from the Petitioner (in W.P.31266/2014) on 01.10.2013 and 08.10.2013 stating that Third Respondent/Second Petitioner in W.P.2108 of 2015 was constructing a building by encroaching her property. Hence, the Puducherry Planning Authority issued a letter on 21.11.2013 to the Superintending Engineer-III, Electricity Department and Executive Engineer, Public Works Department, Puducherry with a request to disconnect power and water supply connections respectively, since the Third Respondent/Second Petitioner in W.P.2108 of 2015 deviated the building construction against the approved plan.
d.As per the direction of this Court, on 12.12.2013, the Second Respondent conducted hearing, in which the Petitioner (in W.P.31266/2014 and Third Respondent/Second Petitioner in W.P.2108 of 2015 took part and the Member Secretary has explained the action taken against the Third Respondent/Second Petitioner in W.P.2108 of 2015 for having constructed the building deviated from the approved plan issued on 12.05.2010 and reply was furnished to the Petitioner (in W.P.31266/2014) from the Puducherry Planning Authority on 06.01.2014, within a period of eight weeks from the date of receipt of copy of the order of this High Court.