CHENNAI: With the last date to apply for regularisation of unauthorised buildings ending on December 21, the question remains if the State would extend the deadline once again. While the government will have to pass an order if it intends to extend the deadline, no such information is provided on the web portal. Regularisation applications were kept in abeyance as Madras High Court in its September 27, 2017 order on a petition said regularisation of violations could not be permitted. Subsequently in the recent High Court order dated October 30, 2018 it clarified that there is no bar for considering application for regularisation filed under Section 113-A, in case, there is evidence to show that the building was put up before the cut-off date of February 28, 1999.
However, the court is silent on the applicability of Section 113-C and this could affect the buildings constructed after 2007, seeking regularisation under Section 113-C. Sources told Express that the fault lies with Chennai Metropolitan Development Authority for failing to pursue the case for speedy disposal in court. As per audit report, a copy of which is available with Express, there are nearly about 6,000 cases pending in various courts and the blame lies with legal unit which is functioning with mimimal staff. It is learnt that the legal unit is functioning with retired staff, senior law officers on contract and non muster roll employees as such no urgency is shown to clear pending cases.
Officials from housing department could not be reached despite several attempts. While officials say that due process is on to extend the deadline, till now no official confirmation has been given on the extension of the date. It is learnt that there have been two cases- one pertaining to planning permission and other pertaining to regularisation scheme before Madras high court where the government has been warned against giving approval for setback violations.
The legal tangle has affected many government and private projects. Many projects, which have setback violations and started without obtaining any planning permission approvals, have been left stranded as Chennai Metropolitan Development Authority, Housing and Urban Development department and Greater Chennai Corporation are shying away to regularise violations.
Violation in check
High Court on September 27, 2017 passed an order that, “If any setback violations are regularised by authorities namely CMDA, Chennai Corporation, Housing and Urban Development they should be taken to task