CHANDRA SINGH Vs. COMMISSIONER

JUDGEMENT

(1.) The Court was held by Video Conference, as per the Resolution of the Full Court dated 30th April 2020, by Judges at the respective residence offices and the counsel, staff of the Court appearing from their respective residences.

(2.) The three tenants in the property situated at D.No.126, New No.253, Govindappa Naicken Street, George Town, Chennai 1 have approached this court, seeking extension of time granted by the learned Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, vide Letter No.21813/UD-VI(2)/2018-2, dated 05.02.2020. The owner of the property is one Mr.Rajendra Singh, the fourth respondent herein. The property in question appears to have been constructed by the fourth respondent with some deviations, contrary to the approved plan. The deviations have been mentioned in the said letter of the Additional Secretary. The deviation in the ground floor is put up at 25.49 sq.m; in the first floor at 42.55 sq.m; and deviation it the second floor is found to be 110.79 sq.m. The third and fourth floors are found to be unauthorized constructions. The lock and seal demolition orders were issued by the Municipal Corporation way back on 5.5.2014 and thereafter, only series of litigations and writ petitions have happened in this Court and from time to time, some orders were passed for giving an opportunity of hearing to the owner as well as the tenants of the property in question so that the deviations could be rectified and the unauthorized construction could be demolished. The owner and tenants of the property in question were accordingly heard by the Additional Secretary while passing the impugned order on 5.2.2020. The learned Additional Secretary has granted three months time to the owner of the premises to carry out the rectification of the constructed property in question and to remove the defects and restore the building in question in accordance with the approved plan.

(3.) The learned Counsel, Mrs.Bagyalakshmi, submitted that during the last three months on account of Covid-19 situation, the business of the petitioner/tenants who are running the electrical shops on the ground floor has suffered badly due to lock down and since the employees of the Chennai Corporation are busy in the management of Covid situation, they have not taken any action so far in pursuance of the impugned order dated 5.2.2020, by which, a period of three months was fixed for the owner for carrying out rectification of the building in question and therefore, since now the action of demolition, repair, etc. is liable to be taken, the interest of the tenants may be protected for some more period by granting further extension of period. The said period of three months has actually expired on 5 May 2020.