Court extended time for petitioner to demolish unauthorized structure due to injury sustained during demolition. Ordered respondent to grant four weeks for demolition and subsequent inspection.
Granted petitioner four weeks to demolish unauthorized structure; respondent to inspect and process if cleared.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2014
CORAM
THE HON'BLE MR.SATISH K. AGNIHOTRI, ACTING CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
W.P.Nos.13202 and 13845 of 2014
L.R.Raja .. Petitioner in both W.Ps. Vs. Chennai Metropolitan Development Authority, rep by its Member Secretary, No.1,Gandhi Irwin Road, Egmore, Chennai-600 008. .. Respondent in both W.Ps.
W.P.No.13202 of 2014 is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus directing the respondent to consider the petitioner's representation, dated 8.4.2014 and grant an extension of time for three months to enable the petitioner to complete the demolition of the unauthorised portion of the building premises situate at Plot Nos.922 and 923, Bazaar Road, Madipakkam Main Road, Ram Nagar Extension North, Madipakkam, Chennai600 091.
W.P.No.13845 of 2014 is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus directing the respondent to remove the lock and seal kept on the premises situate at Plot Nos.922 and 923, Bazaar Road, Madipakkam Main Road, Ram Nagar Extension North, Madipakkam, Chennai-600 091 and enable the petitioner to complete the rectification of the unauthorised structures on the building.
For Petitioner : Mr.Swarnam J.Rajagopalan in both W.Ps.
For Respondent : Mr.N.Sampath in both W.Ps.
ORDER
Both these writ petitions have been filed seeking direction to the respondent to remove the lock and seal affixed on the premises situate at Plot Nos.922 and 923, Bazaar Road, Madipakkam Main Road, Ram Nagar Extension North, Madipakkam, Chennai-600 091 and also to consider the representation of the petitioner, dated 8.4.2014 to grant extension of time to enable him to complete the demolition of the unauthorised portion of the premises.
2.It is seen from the records that the petitioner had earlier filed a writ petition before this court in W.P.No.33418 of 2013 seeking to quash the locking and sealing and demolition notice, dated 19.7.2013 and to direct the respondent to remove the lock and seal of the premises. This Court by an order, dated 10.12.2013 has disposed of the writ petition giving direction to the respondent to grant permission to the petitioner to demolish the unauthorized structure within a stipulated period. Pursuant to the same, the respondent has granted three months time to the petitioner for the said purpose.
3.Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent. The learned counsel appearing for the petitioner submits that the petitioner has started the work of demolition. While the work was going on, the petitioner and his family met with a serious accident, pursuant to which the petitioner was severely injured. Hence the demolition work could not be carried out within the time granted. Therefore, the petitioner has sought for some more time.
4.Considering the submissions made, the petitioner is granted four weeks time from the date of receipt of copy of this order to demolish the unauthorized structure. After demolishing the unauthorised structure, the CMDA shall inspect the building once again to confirm as to whether the unauthorised structure were all removed. If it is found that the entire unauthorised structure is removed, the CMDA shall process the matter further. In case, the unauthorized structure is not removed within the time given, the CMDA is permitted to take further action, in accordance with law.
5.The writ petitions are disposed of with the above direction. No costs.
Sd/-
Asst.Registrar(CS IV)
17.6.2014
/True Copy/
Sub Asst.Registrar
vvk
To
The Member Secretary,
Chennai Metropolitan Development Authority,
No.1,Gandhi Irwin Road,
Egmore,
Chennai-600 008.
+2ccs to M/s. N.Sampath, Advocate SR 24256
+1cc to M/s. Swarnam Rajagopalan Advocate Sr 24146
+1cc to Mr.P.Natarajan, advocate Sr 24145
TAD(CO)
km/18.6.
W.P.Nos.13202 and
13845 of 2014
L.R.Raja
Chennai Metropolitan Development Authority
SATISH K. AGNIHOTRI
M.M.SUNDRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
