The Hindu : Front Page : Shopkeepers allowed to demolish illegal structures

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Wednesday, Sep 17, 2008
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Shopkeepers allowed to demolish illegal structures

Special Correspondent

Chennai Corporation will mark the area
Shopkeepers given two days time

CHENNAI: The Madras High Court on Tuesday said unauthorised constructions by the members of the Ranganathan Street Merchants Association should be demolished by shopkeepers themselves after the Chennai Corporation marks the area as unauthorised.

This followed a writ petition by the association, represented by its secretary, N. Sukumar, in which it was submitted that the Corporation had orally instructed Asma Stores, Afsan Dresses and Suresh Watch Co, members of the association, to demolish the shops on the ground of encroachment without giving notice to them. The said shopkeepers had not made any encroachment. If at all any encroachment had been made, it was by one foot. The shopkeepers were willing to demolish the portion of the building which they had encroached as they feared that the Corporation would demolish the entire building, causing loss to the shopkeepers.

The petitioner said the Corporation’s threat to demolish the buildings of the shopkeepers was illegal and arbitrary. The authorities had failed to consider that a writ petition regarding encroachments on Ranganathan Street, T.Nagar, was pending before the court.

The association prayed the court to direct the corporation not to demolish the buildings of the three shopkeepers and the other members of the association. Disposing of the petition, the First Bench comprising Chief Justice A.K.Ganguly and Justice F.M.Ibrahim Kalifulla said the authorities would mark the area which had been unauthorisedly constructed and would ask the petitioner to demolish the same immediately. Thereafter, the petitioner should demolish the same on its own within two days.

If that was not done within the period, Corporation officials could demolish the offending structures.

The same direction would apply in respect of signboards and other such things which are protruding on the road. The said signboards should also be demolished on the basis of the direction, the Bench said.

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