S. SRIDHAR AND ORS. Vs. STATE OF TAMIL NADU AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 2854 of 2015, Judgment Date: Mar 13, 2015

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 2854 OF 2015
               [@ SPECIAL LEAVE PETITION (C) NO.35672 OF 2014]


      S. SRIDHAR AND ORS.                                  Appellant(s)

                                VERSUS

STATE OF TAMIL NADU AND ORS.                              Respondent(s)

                               J U D G M E N T

ANIL R. DAVE, J.

      Leave granted.
      Heard the learned counsel for the parties.
      It has been  submitted  by  the  learned  counsel  appearing  for  the
appellants that the appellants are occupiers of  9  shops  which  have  been
constructed on the ground floor, though according to  the  sanctioned  plan,
only 5 shops could have been constructed on the ground floor on the land  in
question.
      It has been submitted by the learned counsel for the respondents  that
instead of 5 shops, in all 19 shops have  been  constructed  on  the  ground
floor and therefore, the construction is not  according  to  the  sanctioned
plan.  It has also been fairly submitted by  the  learned  counsel  for  the
respondent-Corporation that the total construction on the  ground  floor  is
lesser than what had been sanctioned earlier.
      Be that  as  it  may,  the  shop  owners  have  already  submitted  an
application for regularisation of their 9 shops on 09.03.2015.
      The said application for regularisation shall  be  considered  by  the
respondent-Corporation within three months from  today  in  accordance  with
law and if the construction of the shops cannot be regularised  as  per  the
bye-laws/regulations of the respondent- Corporation, the  said  construction
shall not  be  regularised.   Till  the  final  decision  is  taken  on  the
application  for  regularisation,  the  shops  in  question  shall  not   be
demolished.
      Rs. 3.5 lakhs have been deposited by the appellants  in  the  Registry
of this court in a non-interest bearing account.  Out of  the  said  amount,
Rs. 3 Lakhs be returned to the appellants and Rs.50,000/-  be  paid  to  the
respondent-Corporation as costs by an account payee cheque.
      In view of the above direction,  the  appeal  stands  disposed  of  as
allowed to the above extent.

                                                   .......................J.
                                                        [ ANIL R. DAVE ]

                                                   .......................J.
                                                         [ AMITAVA ROY ]

      New Delhi;
      March 13, 2015.