CHENNAI: The Madras High Court has directed the Corporation of Chennai to make available on its website the approved plans for any building.
The parties, which are to carry on the construction, should also be mandated to display the plan at the site specifying the user names, the First Bench of Chief Justice SK Kaul and Justice MM Sundresh has said.
It should be ensured that such a display is not placed in such a manner as to only meet a formality, but should be clearly visible, the Bench added.
The Bench was disposing of a PIL from Dr VI Mathan and five others praying for a direction to the Corporation of Chennai and the CMDA to demolish the illegal construction at the Second Avenue on Harrington Road in Chetpet, which was constructed with the connivance of officials of the Corporation and the CMDA.
The affidavit, filed by the Zonal Officer-IX, showed that the one extra floor, constructed unauthorisedly by the duo, has been removed. But, the petitioners pointed out that there were setback violations. On enquiry by the Bench, it was conceded that there were setback violations. Nothing of this has been mentioned in the report filed by the Corporation, the bench pointed out on March 8. Holding that prima facie, it was an endeavour to mislead the court, the Bench had issued notice to the Zonal Officer-IX.
When the matter came up on March 22, the Zonal Officer filed an additional affidavit, giving his explanation. His reasoning that he went by the assurances of the builders cannot be accepted, as he has to give the factual position at the site. This is an endeavour to conceal the facts from the court, the Bench said and cautioned the officer to be careful in future and that their order be placed in his Annual Confidential Record (ACR). It shall be his responsibility to ensure that the builders bring the building in conformity with the sanctioned plan or any compoundable limit thereon, the Bench added.