Full Judgment Text
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.
JUDGMENT
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
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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
JUDGMENT
stands disposed of as allowed to the above extent.
.......................J.
[ ANIL R. DAVE ]
.......................J.
[ AMITAVA ROY ]
New Delhi;
March 13, 2015.
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