Chennai: Pointing out that the authorities are giving a goby to the Acts and Rules and are granting permission (for construction of public/commercial building) without any space for parking, the Madras high court has directed the state government to address this issue strictly.
A division bench comprising Justices R. Subbiah and B.Pugalendhi gave the directive while disposing of a petition from Suresh K, which sought a direction to the Commissioner of Nagercoil Municipality to take action against the unauthorized construction made by Dr. Safiyullah at Parakkai road in Nagercoil.
The bench said no doubt, every individual will tend to utilize his property with maximum utilization and with maximum output. Marriage Halls are, of course, now-a-days worth investments. Therefore, everybody tends to utilize their property as Marriage Halls, but without following the norms and without even allotting any space for parking the vehicles. “When the statute requires necessary parking space to be allotted for a public building/commercial building, the building plans have been approved without any space for parking and ultimately, the vehicles are parked in the public roads and causing annoyance to the common man and the traffic. The development of a property cannot be made at the cause of the common man. The authorities are giving a go by to the acts and rules and are granting permission without any space for parking. This has to be addressed by the government strictly”, the bench added.
The bench said coming to the case on hand, admittedly, the Marriage hall has been constructed by Dr.Safiyullah without obtaining any valid permission from the authority concerned and therefore, the Municipality has issued the notice. Taking note of the same, this court has granted interim injunction. Only after the interim order of the court, Dr.Safiyullah appears to have submitted an application to the Deputy Director of Town and Country Planning for the planning permission of the building. The Deputy Director stated that the area was classified as Primary Residential Use Zone and therefore, the application was returned directing the doctor to submit a proposal for change of land use from Primary Residential use zone to Commercial use zone. However, a revised plan application was submitted by the doctor but the same was also rejected. Subsequent thereto, he has submitted an appeal for change of land use and the same was still pending, the bench added.
The bench said though the doctor has constructed the Marriage Hall without any approval, considering the fact that he has filed an appeal seeking change of classification of the land use and the same was pending consideration before the authority concerned, this court, without expressing anything on the merits, directs the Director, Town and Country Planning, Chennai, to dispose of the appeal filed by Dr.Safiyullah, which was pending, within four weeks.
Till such time, the parties were directed to maintain status quo, as on date, the bench added.
