CHENNAI: The First Bench of the Madras High Court has directed the Chennai Metropolitan Development Authority (CMDA) to file details of the regularisation fee collected from building violators after three amendment Acts were enacted by the State Government in 2000, 2001 and 2002.

The Bench, comprising Chief Justice A.P. Shah and Justice K. Chandru, was passing orders on a public interest litigation petition filed by B.L. Jayakandan. It also ordered notices to the Chief Secretary, Member-Secretary of the CMDA and the Chennai Corporation Commissioner. The matter has been posted for December 7.

The petitioner, expressing specific concern at a new demolition notice issued to 27 major commercial establishments, said the notice dated October 31 was not necessary in view of the fact that the three amendment Acts enacted by the State Government had been declared illegal by the court. All orders regularising deviations in constructions too had been struck down by the court, he added.

In order to escape the demolition process, the State Government had issued the present notice to 27 major violators. The inherent purpose of the notice is to allow them to reply and then take up the matter by way of further litigation, he said.

According to the petitioner, who is a practising advocate, persons aggrieved by the notice shall apply for a fresh planning permission within 30 days. Even if refused, they shall prefer an appeal. The Government, which is the appellate authority, shall pass any interlocutory orders which will be deemed fit and proper. The notice issued to the violators will not have any effect till the final determination or withdrawal of the application, he pointed out.

`Attempting to protect'

Alleging that the Government was attempting to protect the major violators by issuing the October 31 notice, the petitioner said that as per the High Court order illegal constructions built after February 28, 1999 need not be given further notice. The notice has been issued "only to thwart any action against deviations, illegal constructions and total violations," the advocate said.

Referring to the High Court order, he further said the Government was yet to convene the monitoring committee meeting as mandated by the court.

"The CMDA is trying to open a further prolonged litigation, and thereby safeguarding the unauthorised building from being demolished," the petitioner said. According to him, over one lakh buildings had been constructed in Chennai in violation of mandatory building norms, and that the Government had collected over Rs. 3,000 crore towards regularisation fee pursuant to the three amendment Acts.

He prayed for the demolition of the buildings without any further notice.

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