KALANTHAR NAINA MOHAMMED Vs. CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner along with his wife, brother and brother's wife jointly own the property situated at old Door No. 69/2, New Door No. 65/2, Usman Road, T.Nagar, Chennai-17 and they are running a textile business at the above address in the name and style of M/s.Kalanthar Madeena Silks. By this writ petition, the petitioner is challenging the Notice issued under Section 56(2 A) of the Town and Country Planning Act, 1971, dated 13.5.2010, issued by the first respondent/Chennai Metropolitan Development Authority (in short 'CMDA').

(2.) ACCORDING to the petitioners, they have purchased the property in question in the year 2008 and after the purchase, they demolished the building which existed in the said property where a textile shop was being run by their pre- decessors -in -title. After obtaining planning permission for new construction in the said property, they have constructed a new building and put the same for use of running the textile business and the building was also assessed by the property tax by the Corporation of Chennai. ACCORDING to the petitioners, during the course of construction, considering the locality and the entire neighbourhood being surrounded by shops of textiles, general merchants and jewellery, they have modified the construction with some variations from the original sanctioned plan and the property is situated in commercial area where both mixed residential and commercial activities are permissible under the Development Control Rules; that the original sanctioned plan is for stilt 2 floors and a head room in the terrace, they have constructed with modification, by utilizing part of the stilt floor for their textile showroom business by providing set backspaces both in the front, rear and southern side (Venkatesan Street); that in the terrace of the building along with the headroom, they have put up A.C. plant room and there is no other construction in the terrace floor except the A.C. plant which is for common utility.

(3.) THE first respondent/CMDA filed a detailed counter. According to them, the petitioner and three others obtained planning permission for the construction of Stilt Floor +2 floors residential building with two dwelling units and in deviation and violation of approved plans, the petitioner has constructed ground floor +2 floors +3rd floor part (AHU (Air Handling Unit) adjacent to the headroom); that as part of enforcement action, the Stop Work Notice/Notice calling for approved plan was issued in Notice No. 0068, dated 11.9.2009 and at that time, the structure of ground floor +2 floors was completed and finishing work was in progress but not occupied and the locking and sealing notices were received by one Mr. Abu Becker, the Managing Director of Kalanthar Mathina and both the notices were pasted in the premises; that consequent to the action taken by this respondent, a D.O. letter dated 15.10.2009 was sent to the Commissioner, Corporation of Chennai to take necessary enforcement action under the Chennai City Municipal Corporation Act, 1919 and on receipt of the notice, the writ petitioner has not stopped any work and during the subsequent inspection, it was found that without proper finishing, the building was hurriedly put into use for commercial purpose and also added 3rd floor and therefore, a notice was issued in Ref. No. EC2/14410/2009, dated 25.9.2009 for discontinuance of occupation of the premises and also the Chairman, Tamil Nadu Electricity Board and the MD, Chennai Metropolitan Water Supply and Sewerage Board were requested not to give power/water supply and sewage connection to the premises, and the MD, Chennai Metropolitan Water Supply and Sewerage Board has informed, by his letter dated 6.11.2009, that they have disconnected the water and sewer connection to the building on 2.11.2009.