HC directs CMDA to inspect alleged unauthorised construction

: Pulling up Chennai Metropolitan Development Authority (CMDA) over another case of illegal construction, the Madras High Court has directed the civic body to inspect the alleged unauthorised construction in a prime location in the city within 15 days.
The Court on Tuesday gave the direction on a PIL from seven residents of an apartment in Nungambakkam,seeking action against the illegal construction by their neigbour.
"On hearing the counsel for the parties,it now transpires that CMDA sought to wash its hands of the issue of the alleged unauthorized construction by the respondent in the adjacent property of the petitioners by addressing a letter on June 27 last to the Corporation to take action."

The court noted that initially counsels for CMDA had shifted the blame to the Corporation, but that when it sought to summon the heads of these bodies, CMDA counsel conceded that the matter fell within its jurisdiction.
Observing that the habit of shifting burden on each other should stop, the Court said,"We direct that our order be placed before the Member Secretary, CMDA, for necessary administrative action."
The petitioners had submitted that the construction on the eastern side of the building was not approved and it also affected the air and light flow to their apartments.

They also alleged that the building originally had ground plus two floors, but under the guise of renovation, their neighbour had gone ahead with the construction and almost completed ground plus four floors without leaving any space.

Even eight months after a representation was made, the authorities failed to take any action, which per se was illegal. Hence, they were forced to move the High Court.
The Court directed CMDA to inspect the property and if take action as per law if it detected any unauthorized construction after notice to all concerned within 15 days of receipt of the order.
The bench then disposed of the petition.