[Order of the Court was made by M.SATHYANARAYANAN.,J.] By consent, the writ petition is taken up for final disposal.
2. The petitioner is the owner of the land and superstructure bearing Old No.190, New No.12, Anna Pillai Street, Kothavalchavadi, George Town, Sowcarpet, Chennai-600 001, measuring an extent of 920 sq.ft., and it is more than 100 years old.
3. The petitioner would further aver that they took a decision to demolish the old building and accordingly, applied for a sanctioned plan for the demolition of the old structure and construction of a new building on the site. It was accorded by the 2nd respondent vide PPA No.PPA/WDCN05/01955/2015 dated 01.04.2016 and as per the approval, the petitioner decided to construct ground, first and second floors. The petitioner would further state that the demolition of the building was completed during the month of November 2015 and thereafter, construction was put up and it was completed during April 2016. It is the specific case of the petitioner that since the property lies in the street house area, it is not obligatory to leave side set back. However to the shock and surprise, he has been issued with the locking, sealing and demolition notice dated 01.12.2016. The petitioner filed WP.No.5647 of 2017 against the respondents 3 to 5, praying for issuance of writ of mandamus directing the respondents 2 and 3 herein to remove the lock and seal put up in the premises to enable him to rectify the deviations and remove unauthorized constructions put up in the said building and it was disposed of on 07.03.2017, directing the concerned respondents to consider the representation dated 25.02.2017 submitted by the petitioner in that regard.
4. The petitioner challenging the legality of the lock and seal has also filed Appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, before the 1st respondent and the same is pending.
5. Mr.R.Manickavel, learned counsel appearing for the petitioner would submit that the alleged unauthorized construction is only minimal in nature and the petitioner is ready to set right the same and in accordance with the planning permission. If the said appeal is disposed of at earlier date, the petitioner would undertake the said exercise and prays for appropriate orders.
6. Heard Mr.P.Sanjay Gandhi, learned Additional Government Pleader appearing for 1st respondent and Mr.K.Soundararajan, learned Standing Counsel appearing for respondents 2 to 5 and perused the materials placed before it.
7. It is relevant to extract deviation / unauthorized construction to pointout the locking, sealing and demolition notice dated 01.12.2016:
Planning parameters As per plan As on site Nature of Deviations Ground Floor Front Set back 4.15m Nil Full Deviation Rear set back Nil Nil nil Side set back 1 Nil Nil nil Side set back 2 Nil Nil nil Stilt floor area (car parking) 37.99 sqm Nil nil Ground floor area 16.24 84.35 68.11 sqm First Floor Front Set back 4.15m Nil Full deviation Rear set back Nil Nil Nil Side set back 1 Nil Nil Nil Side set back 2 Nil Nil Nil Floor area 47.44 sqm 84.35 sqm 36.91 sqm Second Floor Front set back 4.15m Nil Full deviation Rear set back Nil Nil Nil Side set back 1 Nil Nil Nil Side set back 2 Nil Nil Nil Floor area 37.99 sqm 84.35 sqm 46.26 sqm Other Parameters Road width 12.70 m 12.70 m 0 m Overall Height 8.99 m 8.99 m 0 m Parking 37.99 sqm Full deviation Full deviation Total built up area 107.10 m 253.05 m 145.95 m Splay Nil Nil Nil FSI 1.49 Nil Full deviation Plot coverage 69.57% 100% 30.43%
8. It is a specific case of the petitioner that he has obtained planning permission and the deviation pointed out, is minimal in nature and would submit that in the event of desealment of the premises and ready to do the same and confirm it in accordance with the planning permission.
9. This Court, in the light of the above submission made by the petitioner and without going into the merits of the case, directs the 1st respondent to entertain the Appeal petition dated 01.09.2017 filed by the petitioner, if the papers are otherwise in order and dispose of the same within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.
10. Accordingly, the writ petition stands disposed of. No costs.
1.The Secretary to the Government, Secretariat, Housing and Urban Development Department, Fort St.George, Chennai-600 009.
2.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai-600 001.
3.The Regional Deputy Commissioner (North), Greater Chennai Corporation, 61, Basin Bridge Road, Old Washermenpet, Chennai-600 021.
4.The Executive Engineer Zone V, Greater Corporation of Chennai, Royapuram, Chennai.
5.The Assistant Executive Engineer, Division-57, Unit 13, Zone V, Greater Chennai Corporation, Park Town, Chennai-600 001.
M.SATHYANARAYANAN.,J.
and N.SESHASAYEE.,J.
Sk WP.No.24278/2017 11.09.2017