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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.

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  stands disposed of as allowed to the above extent.  

.......................J.               [ ANIL R. DAVE ]  

.......................J.               [ AMITAVA ROY ]  

New Delhi; March 13, 2015.