A S JAHANGIR Vs. CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Aggrieved by the proceedings of the first respondent dated 05.06.2002 regularising the construction made by the second respondent, the petitioners have filed the above writ petition to quash the same and direct the respondents to demolish the unauthorised 4th floor put up by the second respondent at Door No. 12, Second Main Road, East C.I.T. Nagar, Nandanam, Chennai 35.

(2.) Heard the learned Counsel for the petitioners as well as the respondents.

(3.) As said earlier, the petitioners are challenging the regularisation order / proceedings at the instance of the Government and the Chennai Metropolitan Development Authority (in short "CMDA"). Mr. R. Muthukumarasamy, learned senior counsel appearing for the second respondent by pointing out that the disputed construction was completed before the cut-off date viz., 28.02.1999 and in the light of the decision of this Court in the case Consumer Action Group v. The State of Tamil Nadu, 2006 4 CTC 481 , it is for the Monitoring committee to consider the grievance of the petitioners. Mr. S. Ayyathurai, learned Counsel appearing for the petitioners by pointing out the letter dated 31.01.2002 of CMDA submitted that the reference made therein show that the construction was in progress even in the month of October, 2001 and according to him the first scheme approved by the First Bench is not applicable to the building in question. For this, the learned senior counsel appearing for the second respondent has brought to our notice that similar notices viz., stop work notice and demolition notice were issued by CMDA even before the cut-off date, which amply show that the building (4th floor) was completed before 28.02.1999. We are not expressing our views with regard to the same in view of the direction of the First Bench that the issue is to be considered by the Monitoring Committee.