Chennai: “Land encroachments are like cancer. It slowly eats the lung space of the land and definitely, there will be no breathing space for anyone, much less the Earth, to survive in the orbit”, said the Madras high court.
A division bench comprising Justices M. Venugopal and S. Vaidyanathan made the above observation while directing authorities to demolish within one month, a super market and furniture building, which was constructed illegally, at Naravarikuppam village in Red Hills.
The bench made it clear that if the officials/ authorities who are responsible for the demolition of the building in question, are not going to take effective steps with the assistance of the police, the officials/authorities shall be proceeded with disciplinary action and imposed the major penalty, the bench added.
The bench observed, “The government, instead of regularising the illegal constructions, must attempt to remove the illegal constructions and also the encroachments in the public place like roads, parks and open space reserve. As observed by the Supreme Court in many cases, the authorities cannot and shall not regularise the OSC and setbacks, as they are like lung space of the area, which needs to be protected and restored”.
The bench dismissed the petition filed D. Rajappa and R. Jayalakshmi, which sought to quash the demolition notice issued by the authorities in respect of their property viz D.R. Super Market and Furniture.
The bench said, in terms of the observations made by the Supreme Court, the petitioners were not entitled to seek the indulgence of this court by permitting the petitioner to invoke the said G.O. Since the order has attained finality and that the building was constructed in violation of the norms, the same has got to be razed to the ground. It was very unfortunate that after the observations made by the Supreme Court in the said order, the petitioners were trying to set at nought the order of the apex court and no one shall be entitled to the benefit, much less the petitioners, the bench added.
Similarly, in another judgment, the bench directed the authorities to remove within 30 days the encroachments made Kayidhe Millath Nagar in Anankaputhur while dismissing a batch of petitions from Abkar Sharif and others.
