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2019 Supreme(Mad) 568

IN THE HIGH COURT OF JUDICATURE AT MADRAS
RMT. TEEKA RAMAN, P.D. AUDIKESAVALU, JJ.
Petitioner
Versus
Respondent
W.M.P. Nos. 14686 & 14687 of 2019 & W.M.P. Nos. 14266, 14267 & 14268 of 2019 in W.P. No. 14210 of 2019
Decided On : 28-05-2019

Headnote:

Unauthorized Construction - Building Regulations - Tamil Nadu Town and Country Planning Act, 1971 - [Rule 17(a)1(b), 17(a)3(b), 17(a)2, 17(a)7(a), 17(a)5(a), 17(a)9(b) (iii)] - The court addressed the unauthorized construction of the Ninth Respondent's hospital building and the application for regularization under G.O. (Ms). Nos. 110 and 111, Housing and Urban Development [UD4(3)] Department dated 22.06.2017. The court found that the construction of the Fourth to Eighth Floors was unauthorized and rejected the plea to await the outcome of the regularization application, emphasizing public safety and the need to cease operations in the unauthorized construction.

Fact of the Case:

The court addressed the unauthorized construction of the Ninth Respondent's hospital building and the application for regularization under G.O. (Ms). Nos. 110 and 111, Housing and Urban Development [UD4(3)] Department dated 22.06.2017. The court found that the construction of the Fourth to Eighth Floors was unauthorized and rejected the plea to await the outcome of the regularization application, emphasizing public safety and the need to cease operations in the unauthorized construction.

Finding of the Court:

The court found that the construction of the Fourth to Eighth Floors was unauthorized and rejected the plea to await the outcome of the regularization application, emphasizing public safety and the need to cease operations in the unauthorized construction.

Issues: Unauthorized construction, application for regularization, public safety

Ratio Decidendi: The court emphasized public safety and the need to cease operations in the unauthorized construction, rejecting the plea to await the outcome of the regularization application.

Final Decision: W.M.P. Nos. 14686 and 14687 of 2019 are dismissed as without merits. The court ordered the cessation of operations in the unauthorized construction and the commencement of the demolition process.

JUDGMENT :

The parties are hereinafter referred to as per their description in W.P. No. 14210 of 2019 for the sake of convenience.

2. This Court during the Vacation Sitting on 22.05.2019 and 23.05.2019 had taken up W.M.P. Nos. 14686 and 14687 of 2019 filed by the Ninth Respondent seeking urgent orders to vacate the interim directions in the order dated 09.05.2019 in W.M.P. Nos. 14266 to 14268 of 2019 in W.P. No. 14210 of 2019 and to direct the Official Respondents not to take any coercive steps against the Ninth Respondent pursuant to that order.

3. The Writ Petition in the nature of pro bono publico was moved by the Petitioner, viz., P. Krishnan, in the Vacation Sitting of this Court on 08.05.2019 seeking to call for the records and quash the letter bearing No. EC/N1/18500/2018 dated 25.02.2019 on the file of the Fourth Respondent and the letter bearing No. 74/EI/C/S/2019 dated 21.02.2019 on the file of the Eighth Respondent and consequentially direct the First to Eighth Respondents to demolish the unauthorized construction of the Ninth Respondent at Billroth Hospital, Door Nos. 38 – 43, Lakshmi Talkies Road, Shenoy Nagar, comprised in Survey Nos. 30, 31, 32, 35, 36, 37 and 39 of Aminjikarai Village, Chennai. Along with the Writ Petition, the Petitioner has filed W.M.P. No. 14266 of 2019 seeking to direct the First to Eighth Respondents to lock and seal the authorized construction at the Ninth Respondent/Hospital, W.M.P. No. 14277 of 2019 seeking for interim direction to the Seventh and Eight Respondents to disconnect the electricity service connection in the unauthorized construction at the Ninth Respondent/Hospital and W.M.P. No. 14268 of 2019 seeking to appoint an Advocate Commissioner to inspect and ascertain the violations in the unauthorized construction at the Ninth Respondent/Hospital. It is seen from the proceedings on 09.05.2019 that Mr. R. Govindasamy, Learned Special Government Pleader has taken notice for the First to Third Respondents, Mr. P.S. Ganesh, Learned Counsel has taken notice for the Fourth Respondent, Mr. G. Anantharangan, Learned Counsel has taken notice for the Fifth Respondent, Mr. K.V. Sanjeev Kumar, Learned Counsel has taken notice for the Ninth Respondent in the aforesaid Writ Petition and Notice has been ordered to the Sixth to Eighth Respondents and the Tenth Respondent was impleaded.

4. After hearing the aforesaid Counsel appearing for the respective parties, this Court in the order dated 09.05.2019, had issued certain directions, which are extracted below:-

“13. Considering the facts and circumstances of the case, we direct the Electricity Authority to disconnect the electricity beyond the 3rd Floor. Keeping in mind the fact that the patients' interest should be safeguarded, we direct the Electricity Department to disconnect the electricity by 31.05.2019. Since the construction beyond 3rd Floor is illegal, the Ninth Respondent is restrained from admitting patients beyond 3rd Floor, till the disposal of the Writ Petition. We expect the authorities to act in accordance with law honestly and perform the statutory obligations and they shall also prove their honesty and integrity in removing the structure beyond 3rd Floor without disturbing the patients, more so, after 30.05.2019. The Ninth Respondent must endeavour to shift the patients, who are not in a serious condition in the hospital before 30.05.2019, as the Electricity will be disconnected on 31.05.2019.

....

16. In order to give finality to the issue, we appoint Mr. T. Mohan, Advocate (Mobile Nos.8056100357/9444454309), 368, New Additional Law Chamber, High Court Building, Chennai, as an Amicus Curiae in this matter, who shall inspect the spot and submit a detailed report. It is needless to say that beyond the permissible Floor, the concerned Officials shall remove all the doors, windows, glasses, toilet seats and bidets, etc., between 31.05.2019 and 02.06.2019 in respect of violated Floors. Beyond 3rd Floor, it should be made as an unusable one.















































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