CHENNAI: If any construction has been made in violation of the sanctioned plan and there is loss to the residents, it is open for them to collect necessary charges for damage and other charges, if any, even by attaching the property of the builder, the Madras High Court has held.
A Division Bench gave the ruling while passing orders on a PIL petition from Golden Enclave Owners Association at Pammal, recently.
The petition prayed for a directive to Pammal municipal commissioner to demolish the unauthorised portion in the ground floor of their apartment complex, which had been constructed in deviation of the planning permission.
According to the petitioner, its members had purchased the flats duly approved by Pammal Municipality in April 2012. The builder — G D Constructions — had put up an unauthorised superstructure of 400 sq ft on the north-eastern portion of the combined stilt consisting of a hall and a kitchen encroaching the space of two car parking area.
The municipal commissioner filed an affidavit stating that the building in question was inspected and it was found that it had no setback space and there was unauthorised construction. The Bench directed the authorities to remove the deviation within 15 days.
Inspection finds violations
The Pammal municipal commissioner filed an affidavit stating that the building in question was inspected and it was found that it had no setback space and there was unauthorised construction in the apartment