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Supreme Court orders status quo

J. Venkatesan

On demolition of Chennai building


  • Appellant's SLP posted for hearing on August 28
  • Textile showroom files SLP against High Court order

    New Delhi : The Supreme Court on Thursday ordered status quo till August 28 in respect of an order passed by the Madras High Court directing demolition of a multi-storeyed building housing TCS Textiles Private Limited on Usman Road in T. Nagar.

    A three-Judge Bench comprising Justice K.G. Balakrishnan, Justice G.P. Mathur and Justice R.V. Raveendran granted the status quo during `mention time' on a special leave petition filed by TCS Textiles against the High Court order passed on August 23.

    Appearing for the appellant, senior counsel Mukul Rohatgi and counsel V. Balaji said the High Court had ordered demolition of three floors of the building, ignoring the fact that a revised plan had been submitted.

    Mr. Rohatgi said pursuant to Wednesday's order a demolition squad was waiting outside the building since Thursday morning and demolition might take place any time. He sought status quo till the matter was listed for hearing.

    The Bench, while ordering status quo, posted the SLP for hearing on August 28.

    The SLP said the Chennai Metropolitan Development Authority issued a notice on July 11 calling upon the appellant to demolish the deviated portion of the construction. On July 24, a revised plan was submitted after rectifying the defects pointed out in the demolition notice. On August 7, the CMDA returned the revised plan without passing orders, either rejecting or granting permission. On August 14, another revised plan was submitted but even without considering the same the CMDA deputed its officials to demolish the building.

    On a petition from TCS Textiles, a single judge of the High Court, on August 14, had ordered status quo on demolition. The Division Bench dismissed the writ petition on August 23.

    The SLP said the High Court had directed similar matters to be placed before a committee to oversee the buildings constructed in violation of the plan permission, coastal zone regulations etc. but denied the same benefit to the appellant.

    Irreparable loss would be caused if the High Court direction was implemented without the CMDA passing any order on the revised plan, it said, and sought quashing of the impugned judgment and interim stay of its operation.

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