Nation Crime 26 Dec 2017 Raze buildings viola ...

Raze buildings violating approved plan, says Madras High Court

DECCAN CHRONICLE.
Published Dec 26, 2017, 4:56 am IST
Updated Dec 26, 2017, 4:56 am IST
Sridharan said that two commercial establishments occupied two unauthorised portions in a residential apartment where he resides.
Madras High Court has directed the authorities to demolish buildings which were constructed violating approved plan.
 Madras High Court has directed the authorities to demolish buildings which were constructed violating approved plan.

Chennai: Madras High Court has directed the authorities to demolish buildings which were constructed violating approved plan. When a petition filed by P. Sridharan came up for hearing before Justice S. Vaidyanathan, the judge said “At no point of time, mercy shall be shown to those persons who have constructed buildings in violation of the plan, knowing that it is in violation of the plan, and no one, much less this Court will show any sympathy for the violators”.

The judge said the pendency of appeal before Secretary, Housing and Urban Development Department, under Section 80-A of the Tamil Nadu Town and Country Planning Act, cannot be a ground for illegal construction of the building to continue and thereafter seek regularisation, which cannot be accepted by anyone, much less by the court.

 

The Tamil Nadu Town and Country Planning Act, instead of curtailing unauthorised construction, paves the way for illegal constructions in Chennai. “Not only the citizens of the country, but also the authorities are trying to approve illegal constructions that are being made without any set-backs”, the judge said. Sridharan said that two commercial establishments occupied two unauthorised portions in a residential apartment where he resides. He sought to authorities to demolish the two portions. 

However, the authorities replied that the petitioner himself had deviated 5.64 sq.mtrs, equivalent to61 sq.ft. from the sanctioned building plan. Hence, he had no right to challenge the construction of the commercial establishments.

 

The judge said "if there is any violation of the construction made by the petitioner, he cannot also be spared and the axe will have to fall on him also and the authorities will have to take steps to demolish the building, if any constructed by the petitioner in violation of the plan.

Madras High Court has directed the authorities to demolish buildings which were constructed violating approved plan. When a petition filed by P. Sridharan came up for hearing before Justice S. Vaidyanathan, the judge said “At no point of time, mercy shall be shown to those persons who have constructed buildings in violation of the plan, knowing that it is in violation of the plan, and no one, much less this Court will show any sympathy for the violators”.

 

The judge said the pendency of appeal before Secretary, Housing and Urban Development Department, under Section 80-A of the Tamil Nadu Town and Country Planning Act, cannot be a ground for illegal construction of the building to continue and thereafter seek regularisation, which cannot be accepted by anyone, much less by the court.

The Tamil Nadu Town and Country Planning Act, instead of curtailing unauthorised construction, paves the way for illegal constructions in Chennai. “Not only the citizens of the country, but also the authorities are trying to approve illegal constructions that are being made without any set-backs”, the judge said. Sridharan said that two commercial establishments occupied two unauthorised portions in a residential apartment where he resides. He sought to authorities to demolish the two portions. 

 

However, the authorities replied that the petitioner himself had deviated 5.64 sq.mtrs, equivalent to 61 sq.ft. from the sanctioned building plan. Hence, he had no right to challenge the construction of the commercial establishments. The judge said "if there is any violation of the construction made by the petitioner, he cannot also be spared and the axe will have to fall on him also and the authorities will have to take steps to demolish the building, if any constructed by the petitioner in violation of the plan.

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