Don’t regularise unauthorised extra floor: Madras High Court

Court orders CMDA to issue policy decision.

Chennai: The Madras high court on Friday directed the Chennai Metropolitan Development Authority (CMDA) to issue a policy decision not to regularise the construction of unauthorised extra floor.
A division bench comprising Chief Justice Sanjay Kishan Kaul and Justice Pusha Sathyanarayana gave the directive and posted to January 29, 2016, further hearing of a contempt application, arising out of a Public Interest Litigation filed by social activist Traffic Ramaswamy, which sought to demolish the unauthorized constructions in Sowcarpet.

The bench said counsel appearing for CMDA stated that effectively there was little for the appellate authority to do when there were extra storeys constructed and it was not a question of some extra construction on a floor.

“We were tend to agree with this and the CMDA should, thus issue a policy decision that there is no question of regularisation of extra floor, which would also reduce the burden on the appellate authority and make the issue clear to the people at large”, the bench added.

The bench said it was also informed that all the government stakeholders had on November 13, 2015 had a joint meeting and decided to insist on obtaining completion certificate from the building owners constructing any building having more than three dwelling units within the Chennai corporation limits as per the resolution passed by CMDA earlier and the same shall be made operational early.

Insistence on completion certificate as a pre-condition for the premises to get assessed for the property tax and for obtaining water, sewage and electricity connection will arrest unauthorised construction to a larger extent.

The details of deliberations during the meeting have also been communicated to the officials for pursuing further action, the bench pointed out.

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( Source : deccan chronicle )
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