The Hindu : Tamil Nadu / Chennai News : Enforce building rules strictly: High Court

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

Tamil Nadu

Tamil Nadu - Chennai

Enforce building rules strictly: High Court

By Our Staff Reporter

CHENNAI, FEB. 3. Time has come to send a clear message that building rules do not exist merely on paper but will be strictly enforced to demolish forthwith any construction made in violation of the rules, the Madras High Court has said.

Ordering the demolition of an unauthorised construction by one Salahudeen Babu on Sivasamy Street in Mylapore and making it clear that the court would not entertain any petition against enforcement of "habitat discipline," the First Bench comprising the Chief Justice Markandey Katju and Justice D. Murugesan said: "Everyone must know that the building rules and bylaws will be strictly enforced by this court and any deviations made there from shall result in orders of demolition forthwith."

They observed: "It is lamentable that in our country building rules and regulations are being flouted left and right by persons who think that they are above the law because they have money or hold some high post...If there are rules, they have to be followed. Otherwise, there is no use having rules at all, and the rule of law will collapse in this country and the rule of the jungle will prevail.

"In almost every city in this country, it is found that constructions are being made in violation of building rules and bylaws, and this is usually done in collusion with the authorities concerned. The result has been that there has been a largescale unauthorised encroachments and illegal constructions resulting in cities becoming slums or jungles everywhere. Citizens are not able to live properly. All these will no longer be tolerated by this court."

Wrong impression

The Bench said that unless such measures were undertaken "a wrong impression will be created, and a wrong message sent that the building rules exist only on paper and are not to be taken seriously."

`Issue notices'

The Judges then directed the Chennai Corporation and its Commissioner to issue notices and take action against all those who have violated the building rules and regulations. They also made it clear that the civic authorities should not ratify or regularise illegal constructions, except as permitted by the Supreme Court.

When senior counsel for the appellant submitted that the writ petition was filed even when a civil suit on the same matter was pending on the files of a city civil court, the Judges said: "We are not prepared to entertain any such pleas. Such technical pleas cannot come in the way of this court to enforce the law of the land."

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