Retail giant 'Big Bazaar' has approached the Madras High Court (Madurai Bench) seeking direction to the Madurai local planning authority (LPA) to remove the seal which was put on its complex situated in Kalavasal in Madurai.
The member secretary of Madurai LPA Anshul Misra who is also the district collector of Madurai, visited the complex on May 9 and sealed the entire complex of Big Bazaar as the complex (stilt + six floors) was constructed by violating the building norms.
Seeking relief from collector's action, Future Value Retail Limited's deputy manager, legal (south zone) N K Ashok has filed writ petition. In the petition, it was stated that the building was taking on lease from one Jeyam Velmurugan Associate of Madurai in January 19, 2010. And it was assured by the land owner that the entire building was constructed according to the approved plan and that there was no deviation or violation of any rules in it. Besides, the company has engaged more than 200 employees and has stocks to an extent of Rs 3 crore, the petitioner contended.
While the company is in lawful occupation, the Madurai LPA sent notice on May 7 stating that the construction had not been approved and that no planning permission was obtained to construct the building in the said property. Consequently, the company was required to remove all the objects in the building within 24 hours, the petitioner stated.
The petitioner also said that till May 7, the company was not aware of any notices and legal processes initiated by the authority against the land owner (Jeyam Velmurugan Associate). "The notice has been issued without verifying the authority's own records under which they have given permission to the landowner to construct the building. Besides, they sealed the building without giving opportunity to the company to put forth its submissions. The authority's act is a violation to the natural justice. Hence, the LPA's notice should be stayed and the seal should be removed," the petitioner prayed.
When the matter came up before the division bench comprised of Justices M Duraiswamy and T Raja, the additional advocate general (AAG) K Chellapandian denied the claims of the company. He told the court that prior notice was given to the concerned person regarding the violation.
Following it, the division bench directed the AAG to file counter to the writ petition and posted the matter to next week.
http://timesofindia.indiatimes.com/city ... 078688.cms