Temporary relief for Mowlivakkam builder
Posted January 9th, 2015, 01:54 PM IST

Chennai: Citing procedural lapses, the Madras high court quashed on Thursday, the notice issued by the authorities to Prime Sristi Housing (P) Ltd to demolish its second multi-storied building, standing just next to the collapsed building in Mowlivakkam.
This could be a temporary breather to the building owner since the court has directed the authorities to provide all the materials relied upon by them to the builder and after getting its reply to pass orders.
After the collapse of the 11-storied building in Mowlivakkam on June 28, in which 61 persons died, the authorities had, on December 2, issued a demolition notice to the second 11-storied building.
Challenging this, the building owner had approached the Madras high court, contending that it was not provided with all the materials relied upon by the authorities except for a government order, to enable it to give a proper reply. Disposing of the petition, a division bench comprising Chief Justice Sanjay Kishan Kaul and Justice M. M. Sundresh quashed on Thursday, the demolition notice issued by the authorities.
In its order, the bench said, “The petitioner will file a reply within two weeks of the materials being handed over. The District Magistrate/Collector will thereafter proceed to pass an order as expeditiously as possible in accordance with law.”
The bench said that they had passed the order in view of the representation on behalf of the respective purchasers of flats that they would like to have materials relied upon against the petitioner for the purpose of making their independent claims against the petitioner, though they have no objection to the demolition of the buildings.
It ordered that the materials should also be handed over to the Association of Flat Purchasers within the same period of time.
The bench also posted to March 17, further hearing of the petitions filed by DMK treasurer M. K. Stalin, which sought to transfer the investigation into the Moulivakkam building collapse case to the CBI.
This could be a temporary breather to the building owner since the court has directed the authorities to provide all the materials relied upon by them to the builder and after getting its reply to pass orders.
After the collapse of the 11-storied building in Mowlivakkam on June 28, in which 61 persons died, the authorities had, on December 2, issued a demolition notice to the second 11-storied building.
Challenging this, the building owner had approached the Madras high court, contending that it was not provided with all the materials relied upon by the authorities except for a government order, to enable it to give a proper reply. Disposing of the petition, a division bench comprising Chief Justice Sanjay Kishan Kaul and Justice M. M. Sundresh quashed on Thursday, the demolition notice issued by the authorities.
In its order, the bench said, “The petitioner will file a reply within two weeks of the materials being handed over. The District Magistrate/Collector will thereafter proceed to pass an order as expeditiously as possible in accordance with law.”
The bench said that they had passed the order in view of the representation on behalf of the respective purchasers of flats that they would like to have materials relied upon against the petitioner for the purpose of making their independent claims against the petitioner, though they have no objection to the demolition of the buildings.
It ordered that the materials should also be handed over to the Association of Flat Purchasers within the same period of time.
The bench also posted to March 17, further hearing of the petitions filed by DMK treasurer M. K. Stalin, which sought to transfer the investigation into the Moulivakkam building collapse case to the CBI.
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