The Madras High Court has made it clear in case of rectification of a building as per the approved plan, nobody should occupy any portion of the property during such period. The court was disposing of a petition filed by V Nimbaram and Chandra Devi seeking a direction to officials including the Executive Engineer, Greater Corporation of Chennai, Zone V of Royapuram, to remove lock and seal on their building at New No: 54, Stringer Street, which is adjacent to a parallel street near Broadway. The building was put under lock and seal by authorities for deviation in construction on April 13.
The petitioners sought a direction from the court to remove the seal on the building for enabling them to carry out and rectify the deviation and remove unauthorized construction put up in the building. The court after hearing the counsel for the petitioners said “The petitioner must obtain a report from a structural engineer as to how he proposes to bring the building within the conformity limits and submit to the Corporation for scrutiny.”
“On verification of the same, the corporation may de-seal the building for rectification, but making it clear that the petitioner or anyone claiming under him will not occupy on any portion of the property which has been de-sealed during the period of rectification,” the court said. The bench also directed the Corporation to re-verify the building after rectification and if it found the process was not carried out properly, to ‘re-seal’ the building.
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