THE HON’BLE SRI JUSTICE C.Y.SOMAYAJULU W.P.No.4138 of 2003 Date:01.02.2008 Between: Mrs.T.Janaki. ------- PETITIONER AND Additional Commissioner and another. ---------RESPONDENTS ORDER: The petitioner applied for construction of a building. As there was no response from the respondents either permitting or rejecting the said application, assuming that the permission for construction sought was deemed to have been accorded, the petitioner proceeded with construction. Subsequently, by the communication dated 16.12.2002, the respondents directed the petitioner to submit an undertaking on Rs.20/- Non Judicial Stamp Paper for non stocking of debris on road margin or on foot path during the course of construction and give an undertaking that she would give her land free of cost for the portion which may be required for road widening in future. Questioning the same, the petitioner filed this writ petition. While admitting the writ petition, in W.P.M.P.No.5435 of 2003, an interim order was passed by the learned Judge. Questioning the same, which was felt to be unfavorable to her, the petitioner filed W.A.No.465 of 2003 in which the Division Bench observed that in case the appellant is required to surrender the land for widening the road, she will surrender it without claiming equities as regards the constructions so raised, which would come in the acquired land and would re-adjust the front elevation in conformity with the open space required for front elevation at her own costs and that the order of the learned Single Judge does not imply that she will have to surrender the land for road-widening without claiming compensation for the land, and implies that no compensation could be claimed for the constructed portion or for damage to the constructed portion in case the appellant will have to re-adjust the front elevation in conformity with the open space required for front elevation. That order in the writ appeal has become final. Now, it is stated that the petitioner completed construction of the building. So, if the building construction is not in accordance with the plans, or building rules or byelaws of the Corporation, the respondent can initiate action as per law. It is also made clear that if any land of the petitioner is acquired for road widening, the order of the Division Beach has to be complied with. With this observation, the writ petition is disposed of. There shall be no order as to costs. ______________ 01.02.2008 kdl