Chennai: Pulling up authorities for not performing their statutory duties in respect of illegal/ unauthorised constructions, the Madras high court has imposed a cost of Rs 10,000 on the Chennai Metropolitan Development Authority.
A division bench comprising Chief Justice Sanjay Kishan Kaul and Justice R. Mahadevan disposed of a petition from S. Narayanan of Peerkankaranai, which sought a direction to authorities to demolish the illegal construction put up by S. Rakesh Kumar, a ward councilor, on Sathyamoorthy Street, Srinivasa Nagar, Peerkankaranai in Chennai.
The bench said it was alleged by the petitioner that Rakesh Kumar sought regularisation of the illegal construction, the planning permission has, however, been returned, de-occupation notice was issued on December 9, 2014 and the appeal preferred by him was dismissed. But still no action was taken.
“We must say that the repeated cases coming before this court show a complete absence of realisation on part of the authorities to perform their statutory duties. It appears that unless they are egged on by complaints or judicial orders, they seem not to work. This position is unacceptable. It is not as if when the petitioner makes a complaint or this court passes an order should action be taken”, the bench added.
The bench said the counsel appearing for the CMDA stated that the authorities took action by issuing stop work notice on May 20, 2013, lock and seal notice on April 9, 2014 with demolition notice issued on May 16, 2014. In this process of time, continuously construction has gone on, as was
apparent from the photographs.
“We consider this a complete abdication of statutory duties by authorities
and we direct the member secretary of the CMDA, to hold a departmental enquiry to fix responsibility and to file a report before us in respect thereof. Needless to say that now at least, as assured by the counsel, action in accordance with law will be taken immediately”, the bench added.
The bench said for compelling the petitioner and not leaving any option but for him to approach the court and for complete inaction as also wastage of judicial time, “we burden the CMDA with costs of Rs 10,000, half of it will be paid to the petitioner and the remaining half deposited with the TN Mediation and Conciliation Centre within 2 weeks, which will be recovered from the delinquent officer”, the bench added.
