Madras High Court  
Tamil Nadu

CMDA action against flat promoter ordered

Chennai Metropolitan Development Authority (CMDA) to take action to restore the non-FSI area as per the sanctioned plan and hand over the same to the apartment owners for its common usage.

DT NEXT Bureau

CHENNAI: The Madras High Court (MHC) directed the State to serve notice and take action against Ramaniyam Real Estate for converting a non-Floor Space Index (FSI) area into an apartment.

A division bench comprising Justice N Nisha Banu and Justice N Mala held that the non-FSI area which is meant for a generator room, store room, pump room, and watchman room as per the plan approved has been converted into an apartment by the land owners while allowing the petition preferred by a flat owner. The bench held Ramaniyam Real Estate also equally liable as a promoter for all the violations.

It directed the Chennai Metropolitan Development Authority (CMDA) to take action to restore the non-FSI area as per the sanctioned plan and hand over the same to the apartment owners for its common usage. The court directed the CMDA to take necessary enforcement action to remove all the unauthorised construction in the common area.

Petitioner Ashwin Varma moved the MHC seeking to direct the CMDA to take action against the real estate firm and the land owners of the property for the illegality.

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