The Hindu : New Delhi News : Supreme Court directs authorities to provide amenities to 54 flats

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Supreme Court directs authorities to provide amenities to 54 flats

J. Venkatesan

Builder deposits Rs. 5 crore as per the earlier directions

NEW DELHI: The Supreme Court on Friday directed officials to give electricity, water and sewerage connections to 54 flats at Ashok Nagar in Chennai, as the builder deposited Rs. 5 crore with the Tamil Nadu Housing Board as per the earlier directions.

A Bench of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran said only those flat owners who had given an undertaking that they would abide by the Supreme Court’s decision in the appeal could occupy the flats. The Bench passed the interim order on special leave petitions filed against a Madras High Court judgment asking the Board to take possession of the land on which the flats were constructed.

Acting on a batch of petitions, the High Court, by an October 5, 2007 order, had held that the 90-cent plot on which the flats were constructed had been grabbed by developer T. Udaykumar, and it should be restored to the Board. On the special leave petitions by Mr. Udayakumar and others, the Supreme Court, on November 2, 2007, stayed the High Court directions and directed the developer to deposit Rs. 5 crore with the Board. The court had asked the flat owners to give the undertaking.

When the matter was listed for further hearing on Friday, counsel for the petitioners (buyers of undivided shares) submitted that the electricity, water and sewerage connections had not been given to those flats whose owners had submitted affidavits, though the Supreme Court permitted them to occupy the flats. The counsel submitted that the condition imposed in the November 2, 2007 order relating to deposit of Rs. 5 crores had been complied with. The Bench in its brief order said “In view of the above, there is now no impediment for the concerned Boards / Authorities to give Electricity/ Water / Sewerage connections to the flats. However, only the flat owners who have filed undertakings can occupy the flats. This order is subject to the final outcome of these Special Leave Petitions.”

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