P.T. Lee Chengalvaraya Naicker v. Nil

A.No.2609 of 2019 in C.S.No.242 of 1986 R.SUBRAMANIAN.J., The applicant/ Trust which is governed by Scheme Decree of this Court made in C.S.No.242 of 1986 has come forward with this application seeking permission to put up construction in one of its property, as per Clause 25 of the Scheme Decree.

2. The Clause 25 of the Scheme Decree reads as follows:- "Clause 25: No new project, Scheme or Programme or course of study shall be taken up, adopted, launched or carried out by the Board without the permission of the Court"

3. In the affidavit filed in support of the application, it is stated that the Trust has an extent of 2 grounds and 1010 sq.ft of land at Door No.38, Rajaji Salai, Chennai - 600 001. The building that was in existence has become dilapidated, therefore, the Trust was forced to demolish the existing building with the permission of the Greater Chennai Corporation and the land is now lying vacant.

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R.SUBRAMANIAN.J., dsa

4. Now, the Trust proposes to construct a new commercial building with stilt + 4 floors totaling to 14,500 sq.ft at an estimated costs of Rs.3 Crores. It is also stated that the Trust has got Fixed Deposits to the tune of Rs.30 Crores. A portion of the said Fixed Deposits is to be used for new construction.

5. Considering the fact that such a new construction is to augment the income of the Trust, this application is allowed. It is made clear that the new construction shall be in compliance with the Building Rules and the plan sanctioned by the Greater Chennai Corporation. 25.06.2019 dsa Note:- Registry is directed to issue a copy of the order by 27.06.2019.

A.No.2609 of 2019 in C.S.No.242 of 1986 http://www.judis.nic.in