D.J.Amarchand v. Executive Engineer Zone - Vii
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 07.12.2020
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA WP.Nos.16910 & 16918 of 2020 and W.M.P.Nos.20992 & 20985 of 2020 D.J.Amarchand .. Petitioner in W.P.No.16910 of 2020 K.Bhagaram .. Petitioner in W.P.No.16918 of 2020
Versus
1.Executive Engineer, Zone-VII Greater Chennai Corporation, Thiruvallur High Road, Opp.Dunlop, Ambattur, Chennai 600 053.
2.Assistant Engineer, Division 91, Zone VII Greater Chennai Corporation, Thiruvallur High Road,, Opp.Dunlop, Ambattur, Chennai 600 053.
3.The Secretary to Government, Housing and Urban Development Department, St.George Fort, Secretariat, Chennai 600 009.
.. Respondents in both petitions Prayer in W.P.No.16910 of 2020:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the third respondent to consider and pass orders in the Appeal dated 16.10.2020 filed by the Petitioner challenging the Locking and Sealing and Demolition Notice in No. Zone -VII / TPENF/ DN -091 /70
(1) /2020 dated 13.10.2020 in respect of premises bearing Plot No.3/703, 3rd Block, Mogappair West Chennai -600 037 and also the stay petition filed along with the Appeal dated 16.10.2020 within a time period to be fixed by this Court and consequently forbearing the first and second respondents from taking coercive steps pursuant to the Notice in No. Zone -VII/ TPENF / DN -091 / 70 (1)/ 2020 dated 13.10.2020 till disposal of Appeal dated 16.10.2020 by the first respondent. Prayer in W.P.No.16918 of 2020:- Writ petition has been filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the third respondent to consider and pass orders in the Appeal dated 16.10.2020 filed by the Petitioner challenging the Locking and Sealing and Demolition Notice in No. Zone -VII / TPENF/ DN -091 /70
(1) /2020 dated 13.10.2020 in respect of premises bearing Plot No.3/703,
3rd Block, Mogappair West Chennai -600 037 and also the stay petition filed along with the Appeal dated 16.10.2020 within a time period to be fixed by this Court and consequently forbearing the first and second respondents from taking coercive steps pursuant to the Notice in No. Zone -VII/ TPENF / DN -091 / 70 (1)/ 2020 dated 13.10.2020 till disposal of Appeal dated 16.10.2020 by the first respondent. For Petitioners in both petitions: Dr.C.Ravichandran For R1 to R2 in both petitions : Mr.M.Ganesan, Standing counsel For R3 in both petitions : Mr.R.Vijayakumar Additional Government Pleader COMMON ORDER [Order of the Court was made by M.SATHYANARAYANAN, J.] In these cases, the petitioners are issued with Locking, Sealing and Demolition notices dated 13.10.2020 and it is relevant to extract the same: W.P.No.16910 of 2020:
S.No Description As per plan As per site Deviated/unauthorised 1.
Ground Floor / Stilt 68.28 sqm 117.85 sqm Deviation 2.
First Floor 68.28 sqm 117.85 sqm Deviation 3.
Second Floor Nil 117.85 sqm Unauthorised 4.
Third Floor Nil 33.36 sqm Unauthorised W.P.No.16918 of 2020:
S.No Description As per plan As per site Deviated/unauthorised 1.
Ground Floor / Stilt 64.08 sqm 111.94 sqm Deviation 2.
First Floor 67.04sqm 111.94 sqm Deviation 3.
Second Floor Nil 111.94 sqm Unauthorised 4.
Third Floor Nil 27.22 sqm Unauthorised
2. Dr.C.Ravichandran, learned counsel appearing for the petitioners would submit that challenging the said notices, the petitioners had Special Revisions / appeals under Section 80-A of the Town and Country Planning Act, 1971 and since a portion of the premises are used for commercial purposes, prays for interim protection, till the disposal of these Writ Petitions.
3. Per contra, Mr.M.Ganesan, learned standing counsel appearing for the respondents 1 and 2 would submit that the petitioners in brazen violation of the Sanctioned Plan, not only deviated from the plan but also put up additional constructions in the form of unauthorised constructions and since the action has taken strictly in accordance with law, they are not expected to make any grievances and prays for dismissal of these Writ Petition.
4. This Court has carefully considered the rival submissions and also
perused the materials placed before it.
5. This Court, taking into consideration the above facts and circumstances and without going into the merits of the claim projected by the petitioners, either in their Statutory Revisions / appeals, filed before the 3rd respondent or these Writ Petitions, directs the 3rd respondent to entertain the said Statutory Revisions / appeals, if the papers are otherwise in order and dispose of the same, in accordance with law, as expeditiously as possible.
6. The Writ Petitions stand disposed of, accordingly. No costs. Consequently connected miscellaneous petitions are closed. [M.S.N.,J] [R.H., J] 07.12.2020 sk Internet : Yes/No Index : Yes/No M.SATHYANARAYANAN, J., AND R.HEMALATHA.,J
sk To 1.Executive Engineer, Zone-VII Greater Chennai Corporation, Thiruvallur High Road, Opp.Dunlop, Ambattur, Chennai 600 053.
2.Assistant Engineer, Division 91, Zone VII Greater Chennai Corporation, Thiruvallur High Road,, Opp.Dunlop, Ambattur, Chennai 600 053.
3.The Secretary to Government, Housing and Urban Development Department, St.George Fort, Secretariat, Chennai 600 009.
W.P.Nos.16910 & 16918 of 2020 07.12.2020