Madras High Court stays Kanchi collector’s order on danger zone

Justice M. Sathyanarayanan granted the interim stay on a petition filed by Arun Enterprise, whose property was situated near the collapsed building.

The judge made it clear that in the event of collapse of the adjacent multi-storied building, the petitioner should take the risk and bear the consequences.

In his July 1, 2014, order, the collector had said the entire campus area had to be cordoned off from public entry, the people residing in the surrounding areas of 50 metres from Block-A should be evacuated to a safer place and any further construction activities should be stopped forthwith in the premises.

Ordering notice to the Kancheepuram collector, the judge, in his order, said the petitioner’s counsel had submitted that without quoting any provision of law, the petitioner’s property had been declared as a property lying within the danger zone and before passing the impugned order, no notice was issued to the petitioner.

Per contra, special government pleader V. Subbiah, contended that another multi-storied building lying within the vicinity of the collapsed building was yet to be demolished and on account of legal interdict and in the event of building collapsing, there was likelihood of property and human loss. Taking into consideration the said fact alone, the collector had passed the order.

The judge said on going through the material he was of the view that a prima facie case had been made out for grant of interim order.