HC quashes TN Gov order on regularisation of illegal buildings

Quashing a Tamil Nadu Government order extending the cut-off date for regularisation of unauthorised constructions upto 2007, Madras High Court today ticked off authorities for their lackadaisical attitude for the alarming and mushrooming growth of illegal structures.
Delivering the judgement on two PILs which sought to quash the October 31, 2012 order extending the cut-off date for regularisation of unauthorised developments made prior to July 1, 2007, it said the concerned authorities were required to act diligently and prevent recurrence of such kind of unlawful activities and deal with the violators with an iron hand.
First Bench comprising Chief Justice R K Agrawal and Justice M Sathyanarayanan, however, upheld the power of the state to introduce an amendment (section 113-C) to the Town and Country Planning Act to offer regularisation of unauthorised buildings.

The court observed that but for the lackadaisical attitude on the part of the concerned authorities, such an alarming and mushrooming growth of unauthorised and illegal constructions would not have come into place.
Petitioners K R Ramaswamy alias Traffic Ramaswamy and Citizen Consumer and Civic Action Group had challenged the order issued by the Housing and Urban Development Department to regularise unauthorised constructions upto 2007 based on the recommendation of a committee headed by retired Supreme Court Judge S Mohan.
The state government had set up the committee in June 2007 to suggest amendments to the Town and Country Planning Act for better regulation of development activities and it submitted its report after 33 sittings spread over years.

"While upholding the power of the state government to introduce/insert section 113-C, the court is of the considered view that the relevant material and important aspects have not been taken into proper consideration while framing guidelines and rules under the October 31, 2012 Government order," the judges said and quashed the order.
They suggested that the government may constitute a different committee or mandate the Mohan committee to go into all aspects once again before giving effect to Section 113-C of the Act.
The bench also said that it hoped and trusted that no further extension of cut-off date will be granted in future by the state government.