Vivek v. Tamil Nadu Electricity Board rep. By its Chairman
2013-02-12
M.JAICHANDREN
body2013
DigiLaw.ai
Order: 1. Heard the learned counsel appearing for the petitioners, as well as the learned counsels appearing on behalf of the respondents. 2. The learned counsel appearing on behalf of the Chennai Metropolitan Development Authority, had submitted that, as per the inspection report filed on behalf of the Chennai Metropolitan Development Authority, dated 22.1.2013, a portion of the dwelling units in the first, the second and the third floors of the building in question had been converted into office space, without obtaining the necessary approval or the revised plan permission from the said authority. Such conversion is illegal, as it does not satisfy the completion certificate norms. 3. In view of the submissions made by the learned counsel appearing on behalf of the Chennai Metropolitan Development Authority, an affidavit of undertaking, dated 30.1.2013, had been filed on behalf of the petitioners. Paragraph-5 of the said affidavit of undertaking reads as follows: "I humbly submit that with respect of alleged violation with regard to usage of a portion as office from 1st floor from 3rd floor in the residential dwelling units. I hereby undertake that the petitioners will adhere strictly to the usage of the entire bulding including dwelling units from 1st floor to 3rd floor as approved by the C.M.D.A and will not deviate the usage of the same. I further submit that in view of the undertaking in para-5 with respect of usage, the alleging parking requirement of 18 cars will not be applicable and the existing 17 car parking provided will be as per the sanctioned plan and therefore the alleged parking violation will no longer hold good." 4.
I further submit that in view of the undertaking in para-5 with respect of usage, the alleging parking requirement of 18 cars will not be applicable and the existing 17 car parking provided will be as per the sanctioned plan and therefore the alleged parking violation will no longer hold good." 4. In view of the submissions made by the learned counsels appearing on either side, and in view of the earlier orders passed by this court in similar matters, including the order, dated 12.2.2010, in W.P.No.1449 of 2010, this court finds it appropriate to direct the respondents 1 to 4, in W.P.No.34446 of 2012, to consider the application of the petitioners to provide electricity connection to the premises situated at Old Door No.284, 285, 22, New Door No.234, 236, 100, Arcot Road, Chennai-24, in Block No.6 of Puliyur Village at Old T.S.No.98, 95/1, 74, 96 and 97 in T.S.No.74/3, 74/4, 95/1, 96, 97/2 and 98/2, without insisting upon the production of the completion certificate/no objection certificate, from the 5th respondent, within a period of four weeks from the date of receipt of a copy of this order. 5. Similarly, the first and the second respondents, in W.P.No.34453 of 2012, are directed to receive the application of the petitioners and to provide water and sewerage connection to the premises situated at Old Door No.284, 285, 22, New Door No.234, 236, 100, Arcot Road, Chennai-24, in Block No.6 of Puliyur Village at Old T.S.No.98, 95/1, 74, 96 and 97 in T.S.No.74/3, 74/4, 95/1, 96, 97/2 and 98/2, without insisting upon the completion certificate/no objection certificate, from the third respondent, within a period of four weeks from the date of receipt of a copy of this order. 6. However, it is made clear that it would be open to the Chennai Metropolitan Development Authority to take a decision, with regard to the deviations, if any, and the irregularities said to have been committed by the petitioner at the time of the issuing of the completion certificate. It is also made clear that the petitioners would not be eligible to claim any further rights, on the basis of equity, or otherwise, in respect of the property in question.
It is also made clear that the petitioners would not be eligible to claim any further rights, on the basis of equity, or otherwise, in respect of the property in question. It is also made clear that it would be open to the Chennai Metropolitan Development Authority to initiate further action, in respect of the deviations and the irregularities, if any, if so advised, in accordance with law, at the appropriate stage. The writ petitions are ordered accordingly. No costs.