No leniency, says Madras HC, orders demolition of seven floors of city building

“No unauthorised construction shall be allowed to remain and the authorities are bound to initiate appropriate actions on receipt of information or complaint from any person.
The court slammed the CMDA, GCC and others for colluding with violators
The court slammed the CMDA, GCC and others for colluding with violators(File photo)
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CHENNAI: The Madras High Court ordered the demolition of seven floors of a building in T Nagar, Chennai, stating that no leniency can be shown to violators. Unauthorised constructions should not be allowed and government authorities should take action immediately after receiving complaints, the court said.

“No unauthorised construction shall be allowed to remain and the authorities are bound to initiate appropriate actions on receipt of information or complaint from any person. Since the law has been declared by the Supreme Court, no leniency or misplaced sympathy can be shown by the courts merely on the ground that the violator has invested some amount,” said a division bench of Justices S M Subramaniam and K Rajasekar while dismissing a petition filed against the demolition of the building.

The bench remarked that the builders and contractors get emboldened to commit such illegalities at the expense of the people with the hope that they can escape from the clutches of law by getting regularisation.

It also slammed the officials of the Chennai Metropolitan Development Authority (CMDA), the Greater Chennai Corporation (GCC) and other authorities concerned for colluding with the violators.

The petition was filed by Janpriya Builders. It had constructed a building with full-fledged eight floors and part constructions on ninth and tenth floors, violating the building plan approval. It applied for regularisation way back in 1995 but it was rejected by the CMDA.

Another such application was also rejected. And the subsequent appeals too were turned down. The CMDA issued the lock, seal and demolition notice for the constructions made from fourth to tenth floor for the violations.

The bench directed the CMDA and GCC authorities to demolish the unauthorised portions of the construction within eight weeks as per the impugned order dated November 28, 2023.

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