In a decisive move, the Madras High Court has underscored the necessity for strict adherence to Supreme Court directives concerning building planning permission and the demolition of unauthorized constructions. The court’s recent ruling reinforces the directives as binding law, mandating compliance by the Chennai Metropolitan Development Authority (CMDA), the Greater Chennai Corporation, and other local bodies.
The court addressed the issue during the dismissal of a petition by M/s Janpriya Builders, which challenged a CMDA order for the demolition of unauthorized structures on Sir Thyagaraya Road in T.Nagar. The builders had exceeded the approved plan by constructing additional floors, leading to legal proceedings.
Justices S M Subramaniam and K Rajasekar of the division bench emphasized that no unauthorized construction should be tolerated. The authorities are obligated to take action upon receiving complaints or information regarding such violations.
The court highlighted that the builders’ hope for leniency through regularization applications or evasion of legal proceedings is misplaced. It is clear from the ruling that any construction not compliant with the Supreme Court’s directives will face demolition, without leniency for investment made by the violator.
Originally, the builders were permitted to construct a commercial building up to three floors. However, they expanded this to include additional floors unauthorizedly. The court criticized the large-scale collusion among officials, which facilitated these illegalities at the expense of public safety and trust.
