C Suresh v. Deepa Bajwa
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2024 CORAM :
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.Suresh ... Petitioner -Vs1.Mrs.Deepa Bajwa The Director General Defence Estates (Cantt.Section) Ministry of Defence Raksh Samapada Bhavan Ulan Batar Marg, New Delhi-10.
2.Ajay Kumar Sharma The Principal Director Defence Estates (Land Section) Southern Command, Kondhwa Road, Near ECHS Polyclinic Pune - 411 040.
2.JArsha H.E.
The Chief Exceutive Officer St.Thomas Mount-cum-Pallavaram, Chennai - 600 016.
... Respondents Prayer : Contempt Petition under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for willful disobedience on the orders made in WP.No.5849 of 2017 dated 18.04.2017.
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For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.C.Mohan for M/s.King & Patridge for R3.
Mr.C.Kulanthaivel for RR1 & 2.
ORDER
Pursuant to the order of this Court dated 13.04.2023, the first respondent had communicated a E-mail dated 18.12.2023 to the respondents 2 and 3, wherein it is stated that the draft building by-laws proposed by Cantonment Board, St.Thomas Mount were forwarded to MoD. After examination, MoD has observed that Army authorities are not in agreement with certain crucial provisions of draft bye-laws including zoning of Cantonment and FSI. AHQ/HQSC has conveyed that certain relaxations proposed in the draft bye-laws will have security implications, which have been mentioned in the ID under reference. The proposed guidelines for framing of Building Bye-Laws for St.Thomas Mount Cantonment has been enclosed in MoD ID.No.14(26)/2017-D(Q&C) dated 05.12.2023. Thereafter, on 12.04.2024, proceedings No.STM/Works/1/0650 has been issued wherein it is intimated that the MoD vide letter dated 05.12.2023 on the subject issue has rejected the proposed draft byelaws for the reason of 2/4
non-agreement of Army Authorities citing security implications. The copy of the aforesaid proceedings has been placed before this Court.
2. Recording the same, this contempt petition is closed. No costs. 12.04.2024 Index : Yes/No tsh To 1.Mrs.Deepa Bajwa The Director General Defence Estates (Cantt.Section) Ministry of Defence Raksh Samapada Bhavan Ulan Batar Marg, New Delhi-10.
2.Ajay Kumar Sharma The Principal Director Defence Estates (Land Section) Southern Command, Kondhwa Road, Near ECHS Polyclinic Pune - 411 040.
2.JArsha H.E.
The Chief Exceutive Officer St.Thomas Mount-cum-Pallavaram, Chennai - 600 016.
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V. BHAVANI SUBBAROYAN, J.
tsh 12.04.2024.
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