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Why civic body not acting against illegal structures: Madras HC

After perusing the affidavit, the bench said the affidavit was very vague and it was bereft of facts.

Chennai: The Madras high court has slammed the Chennai corporation for not discharging its duty in maintaining the public places neatly and its failure to take action against the unauthorized constructions.

A division bench comprising Justices Vineet Kothari and Anita Sumant granted time till December 5, to the Chennai corporation to file a report giving details about the action taken against the unauthorized construction of a
multi-storied building at Vadapalani, where fire accident took place and 4 persons died last year, the action taken against the officials responsible for the illegal construction and the compensation paid or payable to the families of the deceased.

When the PIL filed by social activist Traffic Ramaswamy, which sought action against officials responsible for the illegal construction of the multi-storied building at Vadapalani came up for hearing on Thursday, Additional advocate general informed the court that commissioner of Chennai corporation is present in the court and filed an affidavit giving details relating to the demolition of the portions of the building, built in violation of the rules.

After perusing the affidavit, the bench said the affidavit was very vague and it was bereft of facts. The corporation filed a status report in June 2017 stating that action has been initiated against the officials and the owner of the building was asked to pay the demolition cost. Now, the corporation says the violated portions were demolished in September 2018. What happened between June 2017 and September 2018 has not been mentioned in the affidavit. Any prosecution launched against the erred officials and the result has not been mentioned.

Moreover, with regard to compensation, the corporation in the status report filed earlier stated that though it was not liable to pay compensation, it paid ' 1 lakh as ex-gratia from chief minister’s fund. Is it a charity?, the bench asked.

AAG Rajagopal said disciplinary proceedings have been initiated against the officials.

When the bench asked what was the result of the inquiry, the AAG said he does not have the details at present.

The bench said why even after one and half years, you do not know the result of the inquiry. Since the court has intervened in the matter on November 27, the
corporation has taken some action. “It is a knee jerk reaction”. “If this is the level of commissioner working in the corporation, then something has to be done”, the bench added.

The bench said the officials of the corporation including the commissioner are accountable to the public. They have to discharge their duties. They have been paid for that corporation officials seems to be sleeping. What kind of dirt at Marina beach. They have to keep the beach clean. This was not the one, so many illegal constructions are there. “We are not here to run your corporation”, the bench added.

At the request of AAG, the bench posted to December 5, further hearing of the case.

The bench also made it clear that if the Chennai corporation was made as party in any PIL, only the commissioner has to file counter affidavit and not his subordinates. Moreover, the commissioner has to appear before the court whenever the court requires his presence, the bench added.

( Source : Deccan Chronicle. )
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