New Delhi   

Status quo on demolitions to continue

New Delhi: The Supreme Court on Friday 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 moratorium for one year 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 issued notice to respondents 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.

Solicitor General G.E. Vahanvati, appearing for the Tamil Nadu Government, said the Government had constituted the Justice Mohan Committee to consider all aspects of development. Senior counsel Ranjit Kumar, appearing for one of the respondents Citizen, Consumer and Civil Action Group, said taking advantage of the ‘status quo’ order, the State Government should not regularise unauthorised constructions.

Senior counsel K. Parasaran, appearing for the CMDA, said “we are not going to permit illegality.” Counsel Elephant Rajendran told the Bench that he had filed an impleadment application in this case and the Bench said it would be heard along with SLPs. The CJI said “they {respondents} will not be allowed to regularise unauthorised constructions. But normal construction activity will continue.”

The Bench in its brief order said that status quo to continue and no order of regularisation of any unauthorised construction would be allowed by the respondents.

The SLPs said there had been a rapid increase in the population of all metro cities, including Chennai, owing to industrialisation, migration and various other factors 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.

Seeking to quash the judgment, the SLPs said “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 myriad and complex issues cannot be dealt with by freezing development and ordering demolition on a large scale.”

Printer friendly page  
Send this article to Friends by E-Mail

Stories in this Section

Withdraws petition
Govt. nod not required for nursery admission criteria: Supreme Court
Architecture that builds community heritage
Rashtrapati Bhavan to come closer to people
Call for “efficient management” of civic amenities
Why kids become bullies
Now DJB can fine for water theft
Musical presentation
“Delhi Govt., Centre misleading residents of illegal colonies”
Water supply at low pressure
Seminar on Russian painter
Demanding a better deal
Cancer awareness camp held
Power supply to be affected
MCD unveils plan for waste management
Delhi will become power surplus by 2010, says Walia
Defence plea rejected in Katara case
Fog delays flights, trains
Complaint against college teacher
Two killed, six injured in accidents
Four young men held for robbery
Five arrested on charges of robbery
No breakthrough in G K murder case
“Musical protest” at Sheila’s residence tomorrow
Fog delays flights and trains
Persian, six Urdu scholars conferred Ghalib Awards
US to increase visa fee
Status quo on demolitions to continue
A treat of classical dance and music
In the Capital Today

Copyright © 2007, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu