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Tamil Nadu
Demolition of 5 floors of Pleasant Stay Hotels ordered
Special Correspondent
CHENNAI: The Madras High Court has directed the Tamil Nadu Government to demolish the top five floors of the Pleasant Stay Hotels in Kodaikanal within six months.
A direction to this effect was issued by a Division Bench comprising Justice S.J. Mukhopadhaya and Justice K. Suguna, on a public interest litigation petition filed by the Palani Hills Conservation Council, on Thursday. Recording the submissions made on behalf of the Government, the Bench asked the authorities to remove the structure within six months and said it was open to the Government to recover the cost of demolition and removal of debris from the hotel management.
In the process, the Bench upheld the constitutional validity of Section 217-Q of the Tamil Nadu District Municipalities Act 1920, saying “it is valid and intra vires, and does not suffer from the vice of excessive delegation.” The Bench, however, declared Section 3 of the Amendment and Validation Act brought forth in 1994, and said it was ultra vires Article 14 of the Constitution.
While the new Section 217-Q of the Act empowered the Government to relax building rules for any Central or State Government buildings or any building, the new Section 3 validated the exemptions granted between December 9, 1992 and November 28, 1994. However, it was admitted during arguments that the only beneficiary of the validation clause was Pleasant Stay Hotels, which had illegally constructed ground plus six floors without approval, though it had been permitted to construct only two floors. Describing it as “single-person enactment,” the petitioner said it was enacted just to regularise the unauthorised construction.
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