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Showing contexts for: Building deviation in D.Lakshmi vs The Commissioner on 20 August, 2018Matching Fragments
15. It is represented on behalf of the Respondents 1 to 4 that on a perusal and scrutiny of the Approved Plan submitted by the 5th Respondent, it was found that the 5th Respondent had put up his building by deviating the Approved Plan. Action was initiated against the 5th Respondent and a Lock and Seal and Demolition Notice under Section 57 read with Section 85 of Tamil Nadu Town and Country Planning Act, 1971, dated 27.09.2017 was issued to him. After the expiry of the statutory period of the aforestated notice, further action was initiated by issuing a 'De-occupation Notice' dated 08.12.2017, under Section 56 sub-Section 2(A) and 57 read with Section 85 of Tamil Nadu Town and Country Planning Act, 1971.
23. It is represented on behalf of Respondents 1 to 4 that a Report as sought for by the Under Secretary to Government vide Letter dated 18.05.2018 was sent by the 2nd Respondent/Executive Engineer, Corporation of Chennai, Zone-VI, Ayanavaram, Chennai600 023 vide Letter dated 18.06.2018, stating that the 5th Respondent is still to complete the rectification works, inter alia to the effect, which runs as under:
Based on the complaint received from neighbor Tmt. D.Lakshmi, the building premises at Door No.18/1, Narayana Maistry Main Street, Otteri, Chennai 600 012 owned by Th.R.Murugan was inspected and noticed that the building constructed with violation and deviation beyond the sanctioned plan and hence, it was locked and sealed on 07.02.2018 as per Town and Country Planning Enforcement Act, with due process of law.
In the above circumstances, the applicant Th.R.Murugan has preferred a 80A Application before the Secretary to Government, Housing and Urban Development Department. Based on the orders from the Housing and Urban Development Department, the applicant has made some rectification work carried out in the said premises and submitted the rectification plan to Secretary to Government, Housing and Urban Development Department vide ref (1) cited above and since it needs special sanction, the entire file was forwarded to Works department vide ref (2) cited above. After the scrutiny made by Works Department, remarks were offered from the Works Department vide ref (3) cited above stating that: It is requested to instruct the applicant/building owner to rectify the defect noticed in deviation and restore the building as per the approved drawing within stipulated period as directed by the Government. and this remarks were communicated by a letter to the applicant Th.R.Murugan address vide ref(4) cited above and which was acknowledged by the applicant on 02.08.2018.