MANGAL KANJI MEHTA Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) The petitioners are sister and brother and in the affidavit filed in support of this Writ Petition, it is averred among other things that the land and building at Door No.32/2, (Old No.9), 3 rd Trust Cross Street, Mandavelipakkam, Chennai 600 028, bearing Plot NO.07 in R.S.No.4458, together with land area measuring 1219 sq.ft with a 5 feet access to the road measuring 325 sq.ft (in all 1544 sq.ft) along with 200 sq.ft undivided share and interest, were purchased by him through registered Sale Deeds dated 28.02.2002 & 10.02.2003, bearing Document Nos.565 of 2002 and 331 of 2003, registered on the file of the office of the Sub Registrar at Mylapore.

(2.) It is the case of the petitioners that previous owners had obtained Planning Permission and put up ground floor with the built-up area of 687 sq.ft and first floor with the built-up area of 724 sq.ft, totally 1411 sq.ft, vide Planning Permission and Building Permission, dated 29.11.1999, issued by the Corporation of Chennai. It is the specific case of the petitioner that there was a deviation of the construction of a dwelling unit by the builders, without the notice of the owners and the petitioners were issued with a Notice dated 05.10.2016, under Sections 56 and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 (TCP Act), on the pretext that it is an unauthorised construction and calling upon them to remove the same and the petitioners also gone for regularisation under Section 113C of the TCP Act, by submitting an application, vide Receipt No.CMDA/Reg113C/363/2018, dated 10.04.2018.

(3.) . The learned counsel appearing for the petitioners would submit that in the light of the pendency of the application filed under Section 113C of the TCP Act, on the file of the 3 rd respondent, further proceedings in terms of the Notice dated 05.10.2016, issued by the 1 st respondent, has to be deferred.