CHENNAI: The Madras High Court has ordered the demolition of an unauthorised building adjacent to the Madras Race Club (MRC).

Justice A. Kulasekaran passed the order on a petition filed by S. Aruna, MRC officer in-charge (legal).

In her petition Ms. Aruna said that P.S. Karunakaran and P.S. Kumar had put up an "illegal construction." According to her, the 9,600-sq.ft. land on the northern side of MRC was purchased by the respondents in December 2003 and construction commenced in September 2005.

The respondents denied the allegation and said the land in Block 13 was allotted "to their predecessors." Noting that they had filed the necessary application before the Chennai Metropolitan Development Authority (CMDA), they said once the application was received by the CMDA, demolition notices issued by civic authorities would not have any effect.

Justice Kulasekaran, rejecting the contention, said Mr. Karunakaran and Mr. Kumar had admittedly constructed the building in total violation of the regulations. Their applications under the provisions of the Tamil Nadu Town and Country Planning Act, seeking to regularise the illegal constructions, if entertained, would amount to extending benefits to a person who violated building regulations.

Though the prayer in the writ petition was to demolish the unauthorised construction in Block No. 13 belonging to the respondents, the Judge said the construction in Block No. 15 had also been built in total violation of the plan approved by the Chennai Corporation.

Common demolition

The CMDA and the Corporation had issued a common demolition notice to these structures, he said, adding, "this court finds no reason to confine the demolition in respect of the land of the petitioner in Block 13 alone."

He directed the CMDA and the Corporation to demolish unauthorised construction by the two respondents in both the blocks within four weeks.

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