Madras High Court has dismissed a petition seeking to quash the lock and seal notice issued by Chennai Corporation on a building constructed unauthorisedly. The first bench comprising Chief Justice Indira Banerjee and Justice M Sundar dismissed a petition by Safitha Banu, who sought to issue a direction to quash the notice by the Chennai Corporation on the unauthorized building she constructed on the 1040 sqft land she “purchased” in 2010. Banu submitted that she purchased the vacant land from one Murugesan by a registered deed. The land belonged to the Integral Coach Factory. “Murugesan could not have sold it to the petitioner if the land belonged to ICF,” the judges said. When she constructed a three storied building on the land, the ICF issued an eviction-cum-show-cause notice under the Public Premises (eviction of unauthorized occupation) Act 1971 and asked to remove the building on October 27, 2014. She filed a writ petition in the High Court challenging the notice, which is pending.
On August 20, 2015, Chennai Corporation also issued a notice to her asking to show the approved plan for which she sent an application requesting the authority to regularize the building she constructed without permission. But the authority issued a notice for lock and seal and for removal of unauthorized construction.
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She moved the court to quash the lock and seal notice and consequently to consider her representation for planning permission and regularization.
“The documents shows that there is a clear admission that the petitioner has constructed a three storied structure without obtaining the sanction of any building plan. The petitioner has not come with clean hands to this court, the judges said yesterday dismissing her petition.