New Delhi

Owners permitted to take possession of flats

New Delhi: The Supreme Court on Friday allowed owners of 54 flats to take possession of their flats at Ashok Nagar in Chennai after the builder deposited Rs. 5 crore with the Tamil Nadu Housing Board in six weeks.

A Bench comprising Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran also made it clear that the flat owners should give an undertaking in four weeks that they would abide by the apex court’s decision in the appeal against the Madras High Court judgment asking the TNHB to take possession of the land on which the flats were constructed.

Acting on a batch of petitions, the High Court by an order dated October 5 held that the 90 cents plot that had been grabbed be restored to the TNHB by the builder T. Udayakumar.

On a special leave petition filed by Mr. Udayakumar against this order, the apex court on October 8 ordered status quo.

When the matter was listed for further hearing on Friday, senior counsel Mukul Rohatgi submitted that the petitioner was the owner of the land in question and had constructed flats after getting necessary approvals and sanctions.

He said there was no dispute to the ownership of the land for over 40 years.

Senior counsel M. Ravindran, Nalini Chidambaram and counsel Anand Padmanabhan, appearing for the flat owners submitted that they must be allowed to take possession of the flats as they had already paid the amount.

Additional Solicitor General Gopal Subramaniam, appearing for the Board, wanted the court to direct the Board to take possession of the land.

When the court did not accept the suggestion, he said the builder should be asked to deposit some amount and the flat owners be given an undertaking.

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