Deljeet Chadha v. Chennai Metropolitan Development Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MRS. JUSTICE N.MALA W.P.No. 19304 of 2021 and W.M.P.No.20616 of 2021 Daljeet Chadha .....Petitioner vs 1.Chennai Metropolitian Development Authority, Represented by its Chairman Thalamuthu-Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
2.AjitSadarangani 3Narendra Sadargani 4.M/s.Bhoomi and Buildings (P) LTD Rep by its Manager, Mr.Manoj No.6, Padmanabha Nagar, 2nd Street, Adyar, Chennai - 600 200.
5. The Commissioner, Rippon Building, Chennai.
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6.The Executive Engineer, Zone-XIII, Kasturba Nagar, 31, Thiruvengadam Street, Baktavatsalam Nagar, Adyar, Chennai - 600 020. (R5, R6 impleaded vide order dt 03.08.2023 made in WMP.No.29461/2022 in W.P.No.19304/2021 by JNBJ, NMJ) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to take action / demolish the unauthorized superstructure constructed by the 2nd, 3rd and 4th respondent at New No.20B, Old No.31B, Arch Bishop Mathias Avenue, R.A.Puram, Chennai-600 028.
For Petitioner : Mr.N.A.Nissar Ahmed For Respondents : Mr.C.N.Vinobha for R1 Standing Counsel No appearance for R2 and R3 Mr.K.P.Sanjeev Kumar for R4 Mr.D.B.R.Prabhu for R5 and R6
ORDER
(Order of the Court was made by J.Nisha Banu,J.) This writ petition has been filed to direct the 1st respondent to take action / demolish the unauthorized superstructure Page 2/5
constructed by the 2nd 3rd and 4th respondent at New No.20B, Old No.31B, Arch Bishop Mathias Avenue, R.A.Puram, Chennai-600 028.
2. Today, when the matter is taken up for hearing, learned Standing counsel appearing for R5 and R6/Greater Chennai Corporation would submit that notice dated 04.09.2023 has been issued to remove the unauthorised construction put up by the respondents 2 to 4. He further submitted that they will take appropriate action and complete the proceedings within a period of four (4) weeks.
3. Though notice was sent to R2 and R3, there is no representation on behalf of them.
4. Considering the submission made by the learned standing counsel appearing for R5 and R6, this Court directs the 1st respondent and respondents 5 and 6, to take appropriate steps by giving opportunity to all the parties concerned and remove the unauthorized construction within a period of four (4) weeks from the date of receipt of a copy of this order.
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5. With the above direction, this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. (J.N.B,J.) (N.M., J.) Index : Yes / No 08.09.2023 msv To 1.The Chairman Chennai Metropolitian Development Authority, Thalamuthu-Natarajan Maaligai, No.1, Gandhi Irwin Road, Egmore, Chennai-600 008.
2. The Commissioner, Rippon Building, Chennai.
3.The Executive Engineer, Zone-XIII, Kasturba Nagar, 31, Thiruvengadam Street, Baktavatsalm Nagar, Adyar, Chennai - 600 020. Page 4/5
J. NISHA BANU, J.
and N.MALA,J.
msv W.P.No. 19304 of 2021 and W.M.P.No.20616 of 2021 08.09.2023 Page 5/5