B. v. Uma VS Chennai Metropolitan Development Authority, rep. By its Member Secretary
2018-08-10
M.VENUGOPAL, P.T.ASHA
body2018
DigiLaw.ai
ORDER : M. VENUGOPAL, J. The Petitioner has preferred the present Writ Petition praying for passing of an order by this Court in directing the Respondents 1 to 3 to cause inspection and demolish the unauthorised constructions put up by the 4th Respondent in the Northern Side Setback area of the premises bearing Plot No. 1860, 17th Street, I Block, Anna Nagar West, Chennai - 600 040 belonging to the 4th Respondent. 2. Heard the Learned Counsel for the Petitioner and the Learned Standing Counsel for the 2nd Respondent/Commissioner, Corporation of Chennai. 3. At this stage, the Learned Standing Counsel for the 2nd Respondent/the Commissioner, Corporation of Chennai, Zone 8, Anna Nagar [W] Chennai-40 submits that the officials of the 2nd Respondent/Corporation got an Approved Plan, viz., PPA NO. D8/2381/2017 and BA No. D8/2667/2017 dated 09.05.2017 from the 4th Respondent and based on that, inspected the disputed place and found that the allegation made by the Petitioner that the 4th Respondent had unauthorisedly constructed in the northern-side setback area of the premises bearing Plot No. 1860, 17th Street, I-Block, Anna Nagar West, Chennai 600 040, is false, since the said construction is as per the approved plan. 4. The Learned Counsel for the 2nd Respondent brings it to the notice of this Court that in the approved plan, the place in which the construction is in progress is shown as 'Lumber Room' and only Column Pillars were put up by the 4th Respondent. Soon after filing of the present Writ Petition, the 4th Respondent had stopped the construction work and as on today, there is no construction carried out by the 4th Respondent in the disputed area, i.e., northern side setback area of the premises. 5. Although the 4th Respondent has put up only the Column Pillars, this Court is of the considered view that if any construction is put up by the 4th Respondent, pursuant to the completion, the same shall not cause any hindrance or nuisance to the Petitioner or to the neighbours. With the above said observations, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.