non issual of work order by Municipality
M.Swaminathan
(Querist) 01 August 2010
This query is : Open
Kindly give expert advice to my legal problem:
Though Munipality had issued water connection sanction way back in 2005 I am not issued the work order and water connection is not given to my building. I had filed a Writ before high court of Madras to issue directions to issue work order . Orally the Public pleader representing Municipality says orlly to the judge that I do not have proper sanction and hence water connection is not given.Iconstructed first floor in 1996. I applied for a residential plan but soon after construction been using the building for commercial purposes. I sent a letter to municipality stating that the building is used for commercial purposes and to assess the building at commercial rates. I have paid tax uptodate .Municipality has not questioned the usage all these years for commercial purposes.In 1999 I applied for further building plan first for residential purposes but later due to site exegencies submitted a modified plan showing correct usage of building in Feb 2000n showing modifications proposed. Municipality did not dispose off the modification request though they acknowledged receipt of the building plan request. After waiting for statutory 15 days time I issued a notice again I am using the building for commercial purposes aand going ahead to complete the building as per modifications.( the said modification request is not disposed off by Municipality) After completing the building Municipality issued a demolition notice which was dismissed in 2005 indcated under the Municipalities Act and sent a notice to Muncipality that in view of the modificaition plan request is not disposed off I am procceding to complete the building as per the modified paln submitted to Municipality. The said modification request is not disposed off till date.
In the mean time Municipality instigated CMDA ( Chennai Metropolian Developmentauthority) to issue a demolition notice I filed a writ and I obtained "Status quo" order and it is still in force.The point of put forth by me in the Writ was deemed sanction in view of non disposl of the modified plan submitted to Municipality within mandatory period. Since the matter is coming for hearing shortly within 4 days , indicate the judgements that could be quoted and the line of arguements to me made by the advocate to get favourable orders for issual of work order to get water supply.
Sent to : Admin on 31 July 2010
