Unauthorised constructions which are illegal have to be demolished.

( Petition under Article 226 of The Constitution of India praying for a Writ of Mandamus as stated therein.)

The petitioner has filed this writ petition praying for a Writ of Mandamus directing the respondents 1 and 2 to demolish and remove the unauthorised construction in Survey No.82, T.S. No.1, Block No.13 put up by the respondents 3 and 4 in Government lands leased out to the petitioner forthwith.

2. Mr. A.L. Somayaji, learned Senior counsel appearing for the petitioner submits as follows:-

The Petitioner is Madras Race Club. The Government of Tamil Nadu under lease deed dated 06.03.1946 leased out the lands to an extent of 83.17 acres comprised in Survey No.82, TS No.1, Block No.13, Velacherry Village, Chennai to the petitioner, however, it is in continuous occupation of the said lands ever since 1845 onwards; that the property comprised in Old Survey No.78 (part) in T.S. No.1, Block No.15, Velacherry Village to an extent of 9600 square feet located on the Northern side of the petitioner's property was purchased by the respondents 3 and 4 herein on 15.12.2003 and construction activities were commenced in September 2005, while doing so, they attempted to encroach into the property of the petitioner, hence, the petitioner sent representations including the one dated 30.09.2005 requesting the respondents 1 and 2 herein to take appropriate action against the respondents 3 and 4, but they failed to take any action, with the result, the petitioner has filed WP No. 32583 of 2005 before this Court praying for a Writ of Mandamus directing the respondents 1 and 2 herein not to sanction the plan submitted by the respondents 3 and 4 in the leased lands of the petitioner in T.S.No.1 (part), Block No.13, Velacherry Village and the said writ petition was ordered by this Court on 07.10.2005 directing the respondents 1 and 2 herein to consider the representation dated 30.09.2005 of the petitioner and pass orders within a period of eight weeks, till such time, not to grant the plan sanction in favour of the respondents 3 and 4. Thereafter, the first respondent, in their letter dated 19.10.2005 informed that no planning permission application was received by them from the respondents 3 and 4 in respect of the land in TS No.1 (part), Block No.13, Velacherry Village. Mr. Somayaji further submitted that the respondents 3 and 4 allegedly obtained planning permission from the second respondent in respect of the lands belonged to them comprised in Survey No.78 (part), T.S.No.1, Block No.15 for ground plus first floor, in total violation of the plan, construction is made in Survey NO.78 (part) T.S. No.1, block No.15, but they illegally extended the construction without plan in S.No.82, T.S. No.1 in Block No.13 by encroaching 5 grounds 357 sq.ft.,; that the present writ petition was filed on 12.03.2006 seeking for a Writ of Mandamus "directing the respondents 1 and 2 to demolish and remove the unauthorised construction in Survey No.82, T.S. No.1, Block No.13 put up by the respondents 3 and 4 in Government lands leased out to the petitioner", however the respondents 3 and 4 continued their unauthorised construction in the lands of the petitioner also; that the first respondent issued a notice of stop work on 23.06.2006 and demolition notice dated 28.06.2006 under Section 56 read with Section 85 of the Tamil Nadu Town and Country Planning Act, hereinafter referred to Act, which is evident that the respondents 3 and 4 have constructed the building in total contravention of the building permission approved for ground plus first floor for their lands and also extended it in the petitioner's land, that too without any plan; that the first respondent also said to have sent necessary instructions to the second respondent corporation for demolition of the unauthorised construction. The averments that respondents 3 and 4 on 19.07.2006 submitted an application seeking planning permission to the first respondent invoking Section 49 of the Act is unten