DILIP BHANDARI Vs. COMMISSIONER

JUDGEMENT

(1.) THESE three writ appeals are directed against the common order passed by the learned single judge in W. P. Nos. 15952 and 17159 of 2003. Question for consideration is whether in the facts and circumstances, the plea of the appellants for regularisation of the unauthorised construction of multi-storeyed structure can be acceded to.

(2.) IN W. A. No. 968 of 2004, one Mr. Dilip Bhandari, General Power of Attorney to Mrs. A. Sreedevi, the owner of the property, is the appellant, and it is directed against the order in W. P. No. 17159 of 2003. Mrs. A. Sreedevi, herself is the appellant in W. A. No. 3074 of 2003, which is directed against the order in W. P. No. 15952 of 2003. The builder, namely. , Shanthi Builders, who had entered into an agreement with the owner of the property, is the appellant in W. A. No. 3201 of 2003, which is filed against the same order in W. P. No. 15952 of 2003. In fact, common order has been passed by the learned single judge in W. P. Nos. 15952, 17159 and 17186 of 2003. There is no appeal against W. P. No. 17186 of 2003.

(3.) W. P. NO. 15952 of 2003 has been filed questioning the order dated 30. 5. 2003 passed by the Commissioner, Corporation of Chennai under Section 258 of the Madras City Municipal Corporation Act, calling upon the petitioner therein to fence off, take down the floors above 4th floor, secure and repair stilt plus 4 floors thereon, so as to prevent any danger therefrom. W. P. No. 17159 of 2003 was filed questioning the notice dated 30. 5. 2003 issued by the Member Secretary, Chennai Metropolitan Development Authority, Chennai forfeiting the security deposit of Rs. 70,000/- for the building and Rs. 10,000/- for the display board. The parties are hereinafter referred to as Owner, Builder, Municipal Commissioner and CMDA.