Authority: Supreme Court of India (Civil Appellate Jurisdiction)

Order Date: 22 August 2026

Case Overview

  • Parties: Appellants – G. Sathyanarayana Bothra & others (owners of portions of Indira Arcade building); Respondents – M.D. Lokeswari (daughter of plot owner) and the Chennai Metropolitan Development Authority (CMDA) as second respondent.
  • Background: The appellants purchased ground‑to‑third‑floor area and a portion of the fourth floor in Indira Arcade under a Memorandum of Understanding with Indira Foundations Private Limited. The first respondent occupied a portion on the second floor. Dispute arose over alleged excess/unauthorised construction by the appellants on both their own and the respondent’s portions.
  • Key Procedural History:
  • 2017: Father of first respondent filed Writ Petition No.21661/2017 before Madras High Court seeking CMDA action on unauthorised construction.
  • 28‑Mar‑2018: High Court ordered appellants to rectify defects by 08‑Jun‑2018.
  • 06‑Jun‑2018: Appellants filed regularisation application under Sec.113‑C of Tamil Nadu Town & Country Planning Act, 1971 (TNT&CP Act) with CMDA (Application No. Reg./113C/399/2018).
  • 28‑Jun‑2018: High Court recorded undertaking that basement was demolished and regularisation application pending; no further orders.
  • 21‑Apr‑2023: First respondent sent fresh representation to CMDA demanding action on continuing deviations.
  • 15‑Jun‑2023: High Court directed CMDA to consider the 21‑Apr‑2023 representation and hear both parties.
  • 09‑Aug‑2023: CMDA issued report identifying ongoing unauthorised constructions by appellants.
  • 27‑Sep‑2023: High Court allowed appellants’ writ petition (No.25737/2023), held that pending regularisation matters before the Supreme Court preclude coercive steps, and restrained CMDA from any demolition.
  • 28‑Apr‑2025: Division Bench of Madras High Court ordered CMDA to remove unauthorised constructions within eight weeks, despite pendency of regularisation applications.
  • 31‑Jan‑2024: First respondent filed fresh representation (referencing notice dated 10‑Nov‑2023) objecting to regularisation of basement, GF+4F commercial building, and requesting restoration of setbacks per Planning Permission B/Spl.Bldg./468/2003.
  • Subsequent writ petition No.12779/2024 sought CMDA direction to act on the 31‑Jan‑2024 representation.
  • Legal Issues: Whether CMDA may take coercive action (demolition) on unauthorised constructions while regularisation applications under Sec.113‑C are pending, and whether the High Court’s earlier order of 27‑Sep‑2023 remains binding.
  • Relevant Statutes & Orders: Sec.113‑C of TNT&CP Act, 1971; Government Orders No.110 and 111 dated 22‑Jun‑2017 (later held invalid by High Court in C. Prabhakaran vs. Dharmendra on 06‑Feb‑2019); pending Supreme Court proceedings in Billroth Hospital Ltd. vs. State of Tamil Nadu and Civil Appeals Nos.6839‑6841/2022 challenging the validity of those G.O.s.

Final Outcome

  • The Supreme Court set aside the Division Bench order dated 28‑Apr‑2025 that directed demolition of the unauthorised constructions.
  • It directed that the parties be governed by the High Court order dated 27‑Sep‑2023, which restrains CMDA from taking any coercive steps until the regularisation issue is finally decided by the Supreme Court.
  • Status quo is to be maintained with respect to all constructions in Indira Arcade pending resolution of the pending civil appeals.
  • The civil appeal is allowed; each party bears its own costs. The pending interlocutory application is disposed of.

Topics: Court Judgment, Urban Planning Regulation, Construction Dispute