The Hindu : Front Page : Amended regularisation scheme quashed

Online edition of India's National Newspaper
Thursday, Aug 24, 2006

Front Page

Front Page

Amended regularisation scheme quashed

A. Subramani

Structures built in violation to go

DEMOLITION SQUAD: Time for the hammer to come down on unauthorised buildings in Chennai.

CHENNAI: In a landmark ruling, the Madras High Court has quashed regularisation of all buildings, which was approved after the cut-off date of February 28, 1999. It said the buildings or floors constructed in violation of the development control rules should be demolished in their entirety.

A Monitoring Committee would first inspect all buildings, which had more than four floors. "Where the construction of the entire building is illegal the building has to be demolished. Where an extra floor has been put up illegally the same should be demolished. Necessary modifications/demolition must be done for satisfying the norms for fire safety and car parking facilities on the building premises."

The First Bench comprising Chief Justice A.P. Shah and Justice K. Chandru, was passing the orders on writ petitions against the Regularisation Scheme, introduced in 1999 and amended and extended for three consecutive years thereafter. Declaring the Amending Acts of 2000, 2001 and 2002 and the consequent "applications, assessment and collection of regularisation fee" unlawful, it said violations relating to floor space index (FSI), fire safety norms and parking facility could never be condoned.

Completion certificate

To avoid violations of this magnitude in future, it said electricity and water connections would be available to buildings only after the completion certificate was obtained.

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