B. Subbulakshmi & Another v. The Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, Chennai & Others
2010-10-02
M.JAICHANDREN
body2010
DigiLaw.ai
Judgment :- This writ petition has been filed praying for a Writ of Mandamus to direct the respondents 1 and 2 to accept the application for providing water supply and sewerage service connections and provide water supply and sewerage connections to petitioners building situated at T.S.No.6549, Block No.141, Old Survey No.121/1 of T.Nagar Village at Chevaliar Sivaji Ganesan Salai, T.Nagar, Chennai-17, within the Corporation Zone VIII, on the basis of the Inspection Report filed by the third respondent in respect of the petitioners premises in W.P.No.23895 of 2009. 2.
2. Based on the direction issued by this Court, the Chennai Metropolitan Development Authority has filed a report, dated 27.1.2010, which reads as follows: Description Dimension as per approved plan Dimension as on site Extent of Deviation/Violations Tolerance limit as per Completion Certificate norms Whether satisfies Completion Certificate norms Set Back Front Set Back at Stilt Floor level North West 6.16 m 6.00 m Less by 0.16mTolerance limit 0.30 m Yes Front Set Back at Stilt Floor level South West 5.85m 5.80m Less by 0.05 m Tolerance limit 0.30 m Yes From First Floor to 4th floor North West South West 5.21m 5.85 m 5.20 m 5.80 m Less by 0.01 m Less by 0.05m Tolerance limit 0.30 m Tolerance limit 0.30m Yes Rear Set Back At Stilt Floor level North East 7.11m 7.07m Less by 0.04m Tolerance limit 0.30 m Yes At Stilt Floor level South East 6.23m 6.21m Less by 0.02m Tolerance limit 0.30 m Yes From First floor level to 4th floors At North East 7.11m 7.07m Less by 0.04m Tolerance limit 0.30m Yes South East 6.23m 6.21m Less by 0.02m Tolerance limit 0.30m Yes Side Set Back (South) North East 6.83m 7.00 m Excess by 0.17 m Yes North West 8.06m 7.76m Less by 0.30m Tolerance limit 0.30 m Yes From First floor level to 4th Floor level North East 6.83m 7.00 m Excess by 0.17 m Yes North West 8.06 m 7.76m Less by 0.30m Tolerance limit 0.30 m Yes Side Set Back (South at Stilt Floor level South East South West 6.02 m 7.07m 6.11m 7.00 m Excess by 0.09m Excess by 0.07m Yes Yes From First Floor to 4th Floor South East South West 6.02 m 7.07m 6.11m 7.00 m Excess by 0.09m Excess by 0.07m Yes Yes Length of building Dimension at Stilt Floor 22.55m 22.55m Yes From first floor to 4th Floor 22.55m 22.55m Yes Width of building at north at Stilt Floor level 17.64m 17.90m Excess by 0.16m Tolerance limit 0.30m Yes From First floor to 4th floor 17.64m 17.90m Excess by 0.16m Tolerance limit 0.30m Yes Width of building at South at Stilt Floor level (South side) 17.64m 17.90m Excess by 0.16m Tolerance limit 0.30m Yes Height Stilt Floor Beam Bottom Bottom of Sky 2.20m 2.84 m 2.20m 2.50m Floor Space Index 1.44 1.52 Excess by 0.02 i.e. 20.04 m2 Tolerance limit 0.03 or 50 sq.m Yes Parking 12 Nos.
12 Nos. ---- ---- Yes 3. In view of the earlier order passed by this Court, on 3.12.2009, in W.P.No.21699 of 2009 and considering the fact that the deviation, as shown in the report is minimal in nature, the petitioners are permitted make an application to the respondents 1 and 2, seeking for water and sewerage connections to the premises of the petitioners, within a period of two weeks from today. On receipt of such application, the respondents 1 and 2 are directed to consider the same and effect water and sewerage connections to the petitioners premises, as prayed for by the petitioners, within a period of four weeks from the date of receipt of a copy of the said application, without insisting that the petitioners should produce a Completion Certificate/No Objection Certificate from the third respondent or from any other authority concerned. 4. However, it is made clear that it is open to the Chennai Metropolitan Development Authority to take a decision, with regard to the deviations, at the time of the issuing of the completion certificate. Accordingly, the writ petition is disposed of. No costs.