The Hindu : Tamil Nadu News : Ordinance to stall demolitions quashed

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Wednesday, Nov 14, 2007
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Tamil Nadu

Tamil Nadu

Ordinance to stall demolitions quashed

Special Correspondent

CHENNAI: The Madras High Court on Tuesday quashed a State Ordinance, which envisaged a one-year moratorium on the demolition of unauthorised constructions in Chennai.

The court directed the Chennai Metropolitan Development Authority (CMDA) and the Chennai Corporation to resume the demolition activities as per the earlier order of the court, which was confirmed by the Supreme Court.

“Strange piece”

Describing the impugned Ordinance as a “strange piece of legislation,” the First Bench comprising Chief Justice A.P. Shah and Justice V. Ramasubramanian said prima facie the impugned Ordinance commanded the Chennai Metropolitan Development Authority (CMDA) and the Chennai Corporation not to enforce the directions of a Division Bench to demolish illegal constructions.

The Judges said, “In our opinion, the effect of the Ordinance is to nullify and to set at naught the decision of the (earlier) Division Bench and to change the law retrospectively.” They added that the Government was not well advised in bringing out such an Ordinance.

The order read: “What the Ordinance says is that notwithstanding the directions given by this court, the CMDA and the Corporation of Chennai shall not take any action against the violators of the Town and Country Planning Act and the rules framed thereunder…We are constrained to observe that the State of Tamil Nadu was not well advised in introducing the Ordinance.”

They observed that the Ordinance attempted to make a “direct inroad into judicial powers.”

As for the submissions that a review petition against the earlier order was pending in the court, the Bench said the review plea was made nearly 10 months after the earlier judgment and the Special Leave Petition filed by the CMDA and the State Government was dismissed by the Supreme Court.

Holding that the impugned Ordinance was repugnant to the Constitution, the Bench allowed the writ petitions of the Citizens, Consumer and Civic Action Group (CAG) and others.

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