The Hindu : Tamil Nadu / Chennai News : High Court bans regularisation of unauthorised structures built after 1998

Online edition of India's National Newspaper
Friday, Feb 04, 2005

Tamil Nadu

Tamil Nadu - Chennai

High Court bans regularisation of unauthorised structures built after 1998

By A. Subramani

CHENNAI, FEB. 3. Coming down heavily on the illegal builder-civic authority nexus, resulting in rampant violation of the mandatory construction norms, the Madras High Court today imposed a total ban on regularisation of any unauthorised construction built after 1998.

The First Bench comprising the Chief Justice Markandey Katju and Justice D. Murugesan was passing orders on a writ appeal challenging a single-judge order staying further construction of an unauthorised building at Mylapore here.

Pointing out that the validity of an amendment made in 1998 to the Tamil Nadu Town and Country Planning Act had been upheld by the Supreme Court, the judges said deviations or unauthorised constructions made before the Amendment Act 1998 alone could be regularised by the Government or the officer or authority authorised by the Government on an application. "Unauthorised constructions or deviations made after the commencement of the 1998 Act cannot be regularised or rectified."

The apex court directed those who had made unauthorised constructions prior to 1998 to make an application for regularisation within 30 days of the date of publication of a notification by the Government. Referring to this, the First Bench said: "Pursuant to the Supreme Court direction, a number of applications were made and are pending. We therefore clarify that no unauthorised constructions or deviations made after 1998 can be regularised or rectified."

By way of clarification, the judges said: "Even in respect of unauthorised constructions or deviations made prior to the 1998 amendment, only such applications which were made within 30 days of the publication of the Government notification can be considered as directed by the Supreme Court."

Authorities warned

Stressing the need for habitat discipline, the judges said: "Time has come where this court has to come down with a heavy hand on those who violate the building rules, and to send a clear message to all concerned that such violations will no longer be tolerated. Often, such violations have been done in collusion with the authorities and hence we also give a stern warning to the authorities that they will be taken to task if they permit, condone or tolerate violations of building rules."

No form of violation would be tolerated by the court any longer. "The practice of first making illegal constructions and thereafter seeking ratification or regularisation must be stopped forthwith. Such illegal constructions must be demolished and no ratification or regularisation should be granted, except those permitted by the Supreme Court in the `Friend's Colony case."

The judges then said the directions should be strictly complied with by all authorities concerned and those who "flout the directions are given stringent warning that severe action would be taken against them by this court."

The judges directed the appellant, Salahudeen Babu of Sivasamy Street at Mylapore, to forthwith remove all constructions built in violation or deviation of the planning permission and development control rules and regulations. If he failed to do so, the Chennai Corporation would demolish the constructions with the aid of police.

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