CHENNAI: The first bench of the Madras High Court has granted two months time to the CMDA to notify the rules and regulations regarding regularisation of unauthorised buildings under Sec. 113-C of the TN Town and Country Planning Act.
“We, however, simultaneously direct that on the expiry of the two moths time, it shall be presumed that the State government does not seem to be interested in notifying the regulations and giving intent to the section and thus, action must be proceeded forthwith thereafter in accordance with law,” the bench of Chief Justice SK Kaul and Justice R Mahadevan said on Wednesday.
The bench was passing further interim orders on a batch of PILs, including one from MG Devasahayam, a member of the monitoring committee, constituted pursuant to its earlier orders. As directed earlier, the CMDA member-secretary and the Chief secretary filed their status reports. “We are not satisfied,” the bench said. On reference to the status report filed by the Chief Secretary, para 9 seems to suggest that the State government wants to provide relief to the owners of the unauthorised constructions under Sec.113-C and to regularise, if the buildings satisfied the public safety norms in the light of “new technological developments”.
The example of public safety norms are stated to be establishing fire hydrants in streets and link buildings in continuous built-up area through collapsible connections at appropriate level. It is further affirmed that the government never intended to delay the notification of rules and guidelines as the constitution of the Justice Rajeswaran committee itself was supposed to give solution and even more than one year after the report has been furnished, nothing has happened, the bench noted.
“We have already noted in our earlier order of the judgment of this court in a similar case dated October 7 last, observing that the remedy under section 113 C of the Act is illusionary, unless the rules and regulations were framed there-under,” the bench pointed out.
When the bench posed a specific question over how long it would take for rules/regulations to be framed, the AG requested two months’ time. The bench granted the request and gave the warning.
Insofar as the issue of display boards regarding the buildings which are not fire safety-compliant, it has been stated that out of 2,445 buildings rejected, in 675 cases display boards are erected and in the remaining 1,770 buildings the erection of boards is in process.
The AG submitted that the remaining boards would be installed within 15 days.
Stating that the Bench is not inclined to discharge the contemnor - CMDA member-secretary - from the contempt proceedings, the bench listed the matter for January 19.