Writ Petition on Unauthorized Building Demolition Closed; Further Proceedings to be Addressed by NCLT Chennai.

The HC closed the Writ Petition concerning the demolition of an unauthorized building under the Tamil Nadu Town and Country Planning Act, 1905, and the Chennai City Municipal Corporation Act, 1919. The building was already locked and sealed. Related proceedings were pending before the NCLT Chennai, involving fund contributions and compensation issues under the Insolvency and Bankruptcy Code 2016. The court directed that further actions be addressed by the NCLT. The petitioner was granted liberty to seek remedies through the appropriate forum, with no costs imposed.

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Issues involved:
The issues involved in this case are related to the initiation of action under the Tamil Nadu Town and Country Planning Act, 1905 and the Chennai City Municipal Corporation Act, 1919 for demolishing unauthorized construction of a building, and the connection of the case to proceedings before the National Company Law Tribunal.

Initiation of Action under Acts:
The Writ Petition was filed to direct respondents 1 to 3 to take action under the Tamil Nadu Town and Country Planning Act, 1905 and the Chennai City Municipal Corporation Act, 1919 to demolish an unauthorized building. The Court noted that the building in question was already under lock and seal, and suggested that the parties should resolve the matter through the appropriate forum.

Connection to National Company Law Tribunal:
It was brought to the Court's attention that related proceedings were pending before the National Company Law Tribunal in Chennai. An application filed before the Tribunal sought directions for the petitioner to contribute funds for completing construction and compensating home buyers for delays. The application highlighted that under Section 60(3) of the Insolvency and Bankruptcy Code 2016, cases related to a Corporate Debtor should be transferred to the Adjudicating Authority, which in this case is the NCLT Chennai. As the connected proceedings were already before the NCLT, any further actions were to be settled there.

Closure of Writ Petition:
Considering the above circumstances, the Writ Petition was closed with the petitioner given liberty to approach the appropriate forum as per the law, with no costs imposed on any party.

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