IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.M. VELUMANI, V. LAKSHMINARAYANAN, JJ.
D. Madhusudhanan – Appellant
Versus
Government of Tamil Nadu, Rep. by its Secretary to Government, Housing & Urban Development Department, Secretariat, Chennai & Others – Respondents
W.P. No. 7853 of 2023 & W.M.P. No. 8106 of 2023
Decided On : 15-03-2023
Writ Petition - Building Approval - Summary: The petitioner sought to restrain the authorities from demolishing his building until the disposal of his special revision application filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971. The court directed the 1st respondent to dispose of the revision filed by the petitioner within four months and restrained the respondents from taking any coercive steps against the petitioner until then.
Fact of the Case:
The petitioner's building was issued a lock and seal and demolition notice by the 3rd respondent for alleged deviations from the approved plan. The petitioner filed a revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, seeking regularisation of the deviation. The 1st respondent was directed to dispose of the revision filed by the petitioner within four months, and coercive steps against the petitioner were restrained until then.
Finding of the Court:
The court directed the 1st respondent to dispose of the revision filed by the petitioner within four months and restrained the respondents from taking any coercive steps against the petitioner until then.
Issues: Building approval, alleged deviations from the approved plan, lock and seal and demolition notice, revision petition under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, coercive steps against the petitioner.
Ratio Decidendi: The court's decision was influenced by the pendency of the petitioner's revision application and the need for expeditious disposal, leading to the direction to the 1st respondent to dispose of the revision within four months and the restraint on coercive steps against the petitioner.
Final Decision: The Writ Petition was disposed of with the direction to the 1st respondent to dispose of the revision filed by the petitioner within four months and the restraint on coercive steps against the petitioner until then.
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the 3rd Respondent its Officers, employees or anybody claiming under or through it from proceeding further in pursuance of the impugned notice in Letter No.13/0003/2021, dated 29.07.2022 and seeking the petitioner''s building should not be demolished or removed or interfered until the disposal of petitioner''s special revision application filed under Section 80(A) of the Town and Country Planning Act, 1971 before the 1st Respondent.)
V.M. Velumani, J.
1. The petitioner has come out with the present Writ Petition forbearing the 3rd respondent, its officers, employees or anybody claiming under or through it from proceeding further in pursuance of the impugned notice in Letter No.13/0003/2021, dated 29.07.2022 and seeking his building should not be demolished or removed or interfered until the disposal of his special revision application filed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 before the 1st respondent.
2. By consent of the learned counsel appearing for the petitioner, Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the 1st respondent and Mr.D.B.R.Prabhu, learned Standing Counsel, who takes notice for respondents 2 & 3, this Writ Petition is taken up for final disposal at the admission stage itself.
3. According to petitioner, his mother P.Lakshmi is the owner of the property bearing Plot No.55, VGP Selva Nagar measuring to an extent of 2800 sq.ft comprised in Survey No.317/1A1 part as per patta old Survey No.317/1A1A1A1A part, T.S.No.44/0, Block No.195, situated at No.137, Velacherry Village, Saidapet Taluk, Chennai District and thereafter she settled the said property in favour of the petitioner. The petitioner applied for building approval and his plan was approved vide Plan No.DN-179/009/2022. While so, the 3rd respondent issued Lock and Seal and Demolition notice dated 29.07.2022, vide letter No.13/0003/2021, directing to restore the building in compliance with the approved plan within 30 days, failing which action will be taken under Sub section (4) of Section 57 of the Tamil Nadu Town and Country Planning Act, 1971, as amended by Act 61 of 2008, to lock and seal the premises and to demolish the building. In such circumstances, the petitioner filed Revision Petition dated 23.08.2022, under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, before the 1st respondent for regularisation of the deviation. Thereafter, the 1st respondent called upon the petitioner to appear before the office of the 3rd respondent on 01.02.2023 along with connected documents and the petitioner submitted all the documents before the 2nd respondent. Without conducting any inspection, the 3rd respondent issued notice dated 12.05.2022, under Section 57 of the Tamil Nadu Town and Country Planning Act, 1971 and the said notice was not served on the petitioner. Since, no order has been passed on the said revision petition, the petitioner has come out with the present Writ Petition.
4. The learned counsel appearing for the petitioner submitted that there are no deviations from the approved plan as pointed out by the 3rd respondent and the construction put up by the petitioner is as per the building plan approval. The respondents without inspecting the property in front of the petitioner and also without conducting any enquiry, arbitrarily issued lock and seal and demolition notice to the petitioner and prayed for allowing the Writ Petition.
5. Mr.A.Selvendran, learned Special Government Pleader appearing for the 1st respondent submitted that the petitioner has constructed the building without obtaining any permission and building is unauthorised construction. In view of the same, notice was issued to lock and seal and demolish the building. The petitioner''s revision dated 23.08.2022, filed under Section 80-A of the Tamil Nadu Town and Coun
The central legal point established in the judgment is the need for expeditious disposal of revision applications under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, and the res....
Expeditious disposal of appeals under Section 80-A of the Town and Country Planning Act, 1971, and the restraint of coercive steps against the petitioner.
The need for expeditious disposal of statutory appeals and the restraint on coercive steps by respondents pending disposal of the appeal.
The main legal point established in the judgment is the Court's authority to direct the petitioner to rectify the defects within a specified time frame and permit the respondents to take appropriate ....
The central legal point established in the judgment is the authority of planning authorities to process pending applications under Section 113C and refrain from coercive action until the disposal of ....
Court grants final opportunity to vacate unauthorized building before sealing enforcement.
The court emphasized the importance of timely consideration of applications under Section 49 of the Tamil Nadu Town and Country Planning Act and the need for fair hearings for all concerned parties.
The court emphasized the importance of considering the pending appeal and maintaining status quo until a decision is made.
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