CHENNAI: The Madras High Court has ruled that the Chennai Metropolitan Development Authority (CMDA) had powers to issue notice and demolish unauthorised buildings even after three years of construction.

"The planning authority is perfectly within its right to issue notice to proceed against unauthorised development even after expiry of three years and take appropriate steps for demolition of the structure," ruled the First Bench, comprising Chief Justice A.P. Shah and Justice F.M. Ibrahim Kalifulla.

The Bench was dealing with a writ appeal moved by Additional Advocate-General A.L. Somayaji and CMDA counsel V. Perumal against a single-judge order quashing the demolition notice issued to a multi-storeyed building on Saravana Mudali Street, T. Nagar.

Though the planning permit was only for a ground-plus-three floor structure, the developer built flats, office space and commercial establishments at a place meant to be a parking space.

Order set aside

Setting aside the order, the Bench said there was no provision in the Act providing for legalising unauthorised construction by a mere lapse of time.

"The mere fact that such notice was not issued within three years of such an unauthorised development does not mean that the development, which has been made in contravention of the planning permission issued by the appropriate planning authority, is automatically legalised."

The remedy provided for by the Act was smooth and planned development, the Judges said.

"The interpretation given by the single judge not only impedes advancement of this remedy, but is also contrary to the provisions of the Act."

The Bench said the tendency to raise unlawful construction should be dealt with firmly.

"Of late, the tendency of raising unlawful construction and encroachment is increasing in almost all metropolitan cities, and such activities are required to be dealt with by firm hands.

``Such unlawful constructions are against public interest and hazardous to the safety of occupiers and residents of multi-storeyed buildings."

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