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Showing posts with label The Madurai Corporation ...Appellant. Versus P. Kayalvizhi & Ors. …Respondents.. Show all posts
Showing posts with label The Madurai Corporation ...Appellant. Versus P. Kayalvizhi & Ors. …Respondents.. Show all posts
Wednesday, October 12, 2016

The respondent no.1 shall forthwith submit a formal application in writing addressed to the competent Authority of the appellant Corporation reiterating the assurance given in the undertaking filed before the High Court; and also to abide by such terms and conditions as may be imposed by the Corporation in lieu of acceptance of the proposal for extension of time to complete the construction in conformity with the original plan sanctioned by the Local Planning Authority upto ground floor + 6 floors. The respondent no.1 must also assure the Corporation that he will take corrective measures to remedy the deviations mentioned in the notice dated 16.05.2012 given by the Corporation and also any other or further deviations noticed or indicated by the Corporation within the time specified in that behalf. On receipt of such written request cum commitment from the respondent no.1, the competent Authority of the Corporation may examine the proposal and after conducting a survey of the building, record its satisfaction that the construction completed by the respondent no.1 is in conformity with the original sanction granted by the Local Planning Authority on 25.04.2009 in respect of ground floor + 6 floors + (1 light roofing ceiling) and also conforms to the applicable Rules and provisions. If the Authority is satisfied in that behalf, may pass an appropriate order including to specify additional terms and conditions to be fulfilled by the respondent no.1 as a condition precedent for grant of extension of time to complete the construction. That decision be taken within 8 weeks from the receipt of the written request from the respondent no.1. Only after a formal order is passed by the competent Authority of the Corporation to grant extension of time to complete the construction and thereafter issuance of a completion certificate upon removing all the deviations, respondent no.1 will be free to effectively use and occupy the building for the purpose for which it has been allowed by the Local Planning Authority. We once again reiterate that all other questions raised in this appeal by the appellant Corporation are left open, to be considered if and when necessary.

                                                    Non-reportable                         IN THE SUPREME COURT OF INDIA               ...