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No stay on razing of illegal building

The Madras High Court has refused to stay demolition of an unauthorised commercial building in Kottivakkam.

Published: 16th January 2021 04:27 AM  |   Last Updated: 16th January 2021 04:27 AM   |  A+A-

Madras High Court

The Madras High Court (File Photo| PTI)

By Express News Service

CHENNAI: The Madras High Court has refused to stay demolition of an unauthorised commercial building in Kottivakkam. A Division bench of  Justices M Sathyanarayanan and A A Nakkiran said that the building was constructed in complete violation of procedures.

The bench citing several Supreme Court judgements said, “In the considered opinion of the court, the scope of judicial review in respect of the powers exercised by the statutory authorities, is very limited and having tested the order in the light of well-settled legal proposition, finds no error or infirmity in the impugned order.”

The issue pertains to A Muthumalai and M Mahalakshmi challenging the Chennai Metropolitan Development Authority’s lock and seal order against their property. According to the petitioner, in 1999 they applied for regularisation of construction through a regularisation scheme under the Town and Country Planning Act which is still pending consideration. However, the CMDA contended that no application for building regularisation under section 13-A of the Town and Country Planning Act was filed.

CMDA’s lock and seal order
The issue pertains to A Muthumalai and M Mahalakshmi challenging the Chennai Metropolitan Development Authority’s lock and seal order against their property. According to the petitioner, in 1999 they applied for regularisation of construction through a regularisation scheme under the Town and Country Planning Act which is still pending consideration with the CMDA. 



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