Review Applications against the orders, dated 03.08.2000 and 02.03.2001, passed in W.A.No.1171 of 2000 and Contempt Application No.560 of 2000, on the file of this Court.

M. Karpagavinayagam, J.

In these applications, the order, dated 03.08.2000, passed in W.A.No.1171 of 2000, and the order, dated 02.03.2001, passed in Contempt Application No.560 of 2000, are sought to be reviewed.

2. On 23.07.2004, the Supreme Court, in SLP (Civil) No.20423 of 2002, passed an order, directing that Review Applications could be considered by the High Court, on merits.

3. On 03.08.2000, the First Bench of this Court, by an order, passed in W.A.No.1171 of 2000, permitted Kumaran Silks Trade Limited, the review applicant, to make construction as per the approved plan, on the condition that he should furnish an undertaking to Chennai Metropolitan Development Authority, in short CMDA, to the effect that if any construction is found in variation against the sanctioned plan, he will demolish the same at his own risk.

4. Since the said order has been violated, the writ petitioner filed contempt application in Contempt Application No.560 of 2000, alleging that the review applicant is liable to be punished for contempt, since he did not file the undertaking before CMDA and he continued to construct the building, in violation of the approved plan.

5. By the order dated 02.03.2001, the First Bench of this Court found the review applicant, namely, Kumaran Silks Trade Limited guilty of contempt and imposed fine and further directed the review applicant to demolish the unauthorised construction made after 03.08.2000 within one month, failing which the civic authorities, the respondents 1 and 2 will demolish the unauthorised construction.

6. These orders were challenged in the Supreme Court. Before the Supreme Court, it was represented that in view of the subsequent development viz., the introduction of amendment to Section 113-A of the Tamil Nadu Town and Country Planning Act, 1971, providing for regularisation of unauthorised construction, which came into force subsequent to the order, dated 03.08.2000, and, on which basis, an application for clarification of the said order, with regard to Section 113-A, is filed by the review applicant and the same is pending before the High Court, both the orders have to be reviewed. Accordingly, the Supreme Court, by the order, dated 23.07.2004, directed the High Court to review both the orders, dated 03.08.2000 and 02.03.2001, having regard to the amendment to Section 113-A of the Tamil Nadu Town and Country Planning Act, by which the review applicant is entitled to get the benefits. That is how both these Review Applications have come up for hearing before this Court.

7. We have heard the learned counsel for the review applicant and also the respondents.

8. At the outset, it would be proper to give short details about the required facts, which are relevant for disposal of these Review Applications. They are as follows :

“(i) Kumaran Silks Trade Limited, review applicant, obtained planning permission from CMDA for construction of Basement Floor, Stilt Parking Floor and four floors, for commercial purpose, on 27.03.2000. But, contrary to the sanctioned plan, dated 27.03.2000, the review applicant put up construction, without any permission from CMDA, causing inconvenience and disturbance to the neighbourers.

(ii) Therefore, Dr.S.Devendra, one of the neighbourers, first respondent herein, filed a writ petition, namely, W.P.No.10965 of 2000 for a mandamus, directing the CMDA to remove or demolish all portions of construction, made contrary to the sanctioned plan.

(iii) On 30.06.2000, this Court granted interim injunction, restraining the review applicant from constructing any building contrary to the sanctioned plan, and ordered notice to Kumaran Silks Trade Limited and also the other parties.

(iv) After appearance of the parties, this Court, by an order dated 07.07.2000, vacated the interim injunction. Therefore, Dr.De