SC directives mandatory while granting building plan permission: Madras HC

The Madras High Court has observed that the directives issued by the Supreme Court over granting building planning permission and demolition of unauthorized constructions have become the law of the land and that they have to be followed by the agencies concerned.

The Chennai Metropolitan Development Authority (CMDA) and the Greater Chennai Corporation and other local bodies have to follow the directives under the provisions of the various statutes for granting building plan permission proceedings.

The court said no unauthorized construction shall be allowed to remain and the authorities were bound to initiate appropriate action on receipt of information or complaint from any person. Since the law has been declared by the Supreme Court, no leniency or misplaced sympathy can be shown by the courts merely on the ground that the person violated has invested some amount. The builders and contractors were emboldened to commit such illegalities at the cost of the people with the fond hope that they can escape from the clutches of proceedings or by submitting regularization applications, they can avoid any demolition of the unauthorized construction.

A division bench comprising Justices S M Subramaniam and K Rajasekar made the observations in a recent order while dismissing a petition filed by M/s Janpriya Builders, which challenged the order passed by the CMDA dated November 28, 2023 for removal of the unauthorized structure put up by the petitioner at the arterial Sir Thyagaraya Road in T.Nagar in the city.

Originally, planning permission was granted to the petitioner company for the construction of basement, ground floor, mezzanine plus three floors commercial building in proceedings dated February 9,1990. However, the petitioner constructed the basement floor, ground plus eight floors plus ninth and tenth floors (both part).

The bench said the Apex Court reiterated that while issuing the building plan permission, an undertaking be obtained from the builder/applicant, as the case may be, to the effect that possession of the building will be entrusted and/or handed over to the owner/beneficiary only after completion certificate or occupation certificate from the authorities concerned. The SC in the larger public interest issued yet another 12 directions in addition to the directives issued by it earlier, the bench pointed out.

Builders were emboldened because of large scale collusion on the part of the officials of CMDA, Corporation and other competent authorities under various enactments for their omissions, commissions, inactions and lapses, the bench added.

It said in the present case, the initial application filed by the petitioner seeking regularization was rejected in the year 2007 and the second application was rejected in 2014. Both the rejection orders remain unchallenged.

Thereafter, the appeal filed under Section 80-A of the Town and Country Planning Act was also rejected by the Government. The subsequent action initiated by the CMDA for removal of unauthorized structures dated November 28, 2023 alone was under challenge in the present writ proceedings. Admittedly, the unauthorized portions were locked and sealed by the CMDA. Therefore, there was no impediment for it to proceed with the demolition of the unauthorized construction, by retaining the approved portion of the building as per the building plan approval granted.

Hence, the authorities were directed to demolish the unauthorized portions of the construction within a period of eight weeks from the date of receipt of a copy of this order, the bench added.