Supreme Court of India
G. Sathyanarayana Bothra v. M.D. Lokeswari
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In the light of this position on record, the impugned order dated 28.04.2025 passed in Writ Petition No.12779/2024 is set aside. It is directed that the appellants, the CMDA and the second respondent would be governed by the order dated 27.09.2023 passed in Writ Petition No.25737/2023. The appellants and the respondents would be at liberty to take further steps after the issue of regularisation is decided in the pending civil appeals before this Court. In the circumstances of the case, status quo shall be maintained by the parties with regard to the constructions undertaken at the building till the pending issues are decided. The Civil Appeal is allowed in the aforesaid terms, leaving the parties to bear their own costs.
Judgment, 11
In brief
The appellants purchased portions of the ground to fourth floors of 'Indira Arcade' in Chennai under a Memorandum of Understanding with M/s Indira Foundations Private Limited, while the first respondent, daughter of the plot owner, occupies part of the second floor. The first respondent and earlier her father complained to the CMDA of excess/unauthorised construction and deviations by the appellants; following a 2018 High Court order the appellants demolished the fifth floor and basement partitions and applied on 06.06.2018 for regularisation of the remaining deviations under Section 113-C of the Tamil Nadu Town and Country Planning Act, 1971 read with G.O.…
Authorities it was built on
- C. Prabhakaran vs. Dharmendra Pratap Yadav & Ors
- M/s Billroth Hospital Ltd. vs. The State of Tamil Nadu
- K. Perumal Vs. The State of Tamil Nadu
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