CHENNAI: Following the Madurai Bench of Madras HC judgment that unauthorised buildings, which have been sealed by planning agencies, could be opened only for bringing the building in accordance with the plan, the government is holding a meeting this week.
“If officials permit to open the sealed buildings permanently irrespective of the violated section and the same is brought to our attention, departmental action will have to be initiated against errant officials,” said judges S Vaidyanathan and D Bharata Chakravarthy. They also ordered that the chief secretary and principal secretary circulate the order to all authorities dealing with the sanction of the plan.
The case pertains to a commercial building complex in Madurai for which permission was granted on February 23, 2018. The complex was completed in March 2021 but it had deviations from the original approved plan following which a stop work notice was issued by commissioner of Madurai corporation and later the building was locked and sealed.
After pleas to de-seal the building was rejected, the developers approached the Madurai bench which said the excess area under deviation after completion of building was 2,821.71 sqm and violation was noted to be double than what was sanctioned.
Imposing fine on the petitioner, the court observed that the government should think of amending Acts and enactments that deal with the removal of illegal constructions and encroachments, to the effect that wherever buildings are constructed in violation of the plan, charges like electricity, property and water tax should be collected.
“It should not be less than five times (can be extended upto 10 times) at rate applicable to commercial buildings even to residential houses so that monies collected will be utilised by the government and the government can avoid financial emergency, the court observed,” the court observed.