The Hindu : Front Page : Apex court clears way for demolition

Online edition of India's National Newspaper
Tuesday, Aug 29, 2006

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Apex court clears way for demolition

J. Venkatesan

Three floors of TCS textiles building to go

New Delhi: The Supreme Court on Monday declined to interfere with a Madras High Court order directing demolition of three floors of a multi-storeyed building housing TCS (The Chennai Silks) Textiles Private Limited on Usman Road in T. Nagar.

On August 24, a three-Judge Bench, headed by Justice K.G. Balakrishnan, granted `status quo' during `mention time' and listed the special leave petition (SLP) filed by TCS Textiles against the High Court order for hearing on Monday (today).

When the matter came up before a Bench of Justice H.K. Sema and Justice P.K. Balasubramanyan, senior counsel Harish Salve and Mukul Rohatgi, appearing for the petitioner, pleaded for stay of the High Court order.

The Bench told counsel, "The difficulty is you go ahead and construct seven floors when you have a sanctioned plan only for four floors."

Citing the Delhi example, Mr. Salve said, "The three floors under violation may be sealed till the committee goes into the matter and decides the issue."

The Bench said: "See the show cause notice [issued by the Chennai Metropolitan Development Authority]. The problem is everything is in violation. You have no case. This court should not show any indulgence to such people. Usman Road is one of the busiest roads in that area. How can there be such a violation?"

Revised plan

Mr. Salve said, "We have submitted a revised plan. While the High Court has appointed a committee for others, it is not for us."

The Bench said: "This is a method of sending out a message. You cannot get away with such violations."

When counsel said there could not be uneven implementation, the Bench said, "You bring them all here. We will do it."

The SLP said the CMDA had returned the revised plan without passing orders, either rejecting or granting permission and deputed its officials for demolishing the building.

On a petition from TCS Textiles, a single judge of the High Court on August 14 ordered status quo on demolition.

However, the Division Bench dismissed the writ petition on August 23. The SLP sought quashing of the impugned judgment and an interim stay of its operation.

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