The Hindu : Front Page : Status quo on demolitions in Chennai

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Wednesday, Dec 05, 2007
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Status quo on demolitions in Chennai

J. Venkatesan

It will be maintained till December 14, next date of hearing in Supreme Court

HC had quashed law granting moratorium on demolitions
State Government, CMDA filed SLPs

New Delhi: The Supreme Court on Tuesday ordered maintenance of status quo on demolition of unauthorised constructions in Chennai.

Demolitions were taken up after the Madras High Court struck down as unconstitutional a law granting one-year moratorium on demolition of all types of unauthorised constructions, numbering over 37,000, including 147 high-rise commercial complexes.

A three-Judge Bench comprising Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice J.M. Panchal granted status quo on two special leave petitions filed by the Tamil Nadu Government and the Chennai Metropolitan Development Authority (CMDA) challenging the November 13 High Court judgment.

Additional Solicitor General Gopal Subramaniam, appearing for the Tamil Nadu Government, made a mention before the Bench about the SLPs and sought a stay on demolitions.

He said that the law granting one-year moratorium on demolitions was only an interim measure. The Government had constituted the Justice Mohan Committee to consider all aspects of development and the entire Master Plan would be examined, he said. The Chief Justice told the ASG, “This is directly recognising all illegal constructions.”

Justice Raveendran told the ASG “what we [Supreme Court] have said [in an earlier judgment] was such a moratorium could be a one-time measure, which has now become a regular feature.”

The Bench, however, ordered status quo on all demolitions till December 14, the next date of hearing.

The SLPs said that there had been a rapid increase in the population of all metro cities, including Chennai, owing to industrialisation and migration, putting pressure on land and infrastructure. An ordinance was promulgated (it later became an Act) on July 27 in respect of specified categories of unauthorised development, suspending punitive action for one year.

The SLPs said that the High Court had proceeded on the sole basis that the only purpose of the Act was to declare the decision rendered by the High Court as being null and void and of no effect.

In doing so it failed to take into account the purpose and policy underlying the ordinance.

“Unauthorised constructions have become a reality because the planning process itself had broken down. The law recognises the need to take urgent measures to revitalise the planning process. These issues cannot be dealt with by freezing development and ordering demolition on a large scale.”

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