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S. VAIDYANATHAN, D. BHARATHA CHAKRAVARTHY
N. Sankar – Appellant
Versus
Principal Secretary (Town and Country Planning) Tamil Nadu Government, O/o. Director of Town and Country Planning, Secretariat, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for records, pertaining to the impugned order proceedings (notice) vide Na.Ka.No.MA2U3/000505/2023 dated .05.2023 and quash the same as not valid and direct the respondents to remove the lock and seal by getting the revised plan and other formalities contemplated under Town and Country Planning Act and Madurai Municipal Corporation Act, which are feasible and possible under the said Act.)
S. Vaidyanathan, J.
"The petitioner, taking advantage of the Court proceedings moving at snail''s pace has audacity to construct 30,373.886 sq.ft. in excess in utter violation of the sanctioned plan and thereafter pulls this Court to his rescue so as to make law abiding citizens a laughing stock."
This Writ Petition has been filed, seeking to quash the impugned proceedings (notice) vide Na.Ka.No.MA2U3/000505/2023 dated .05.2023, in and by which, notice was issued to the petitioner to lock and seal the building on the ground that the building was constructed without any approval and there was deviation of construction. A direction was also sought for re
Strict enforcement of building regulations, removal of illegal constructions, and the duty of planning bodies to ensure compliance with building regulations.
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
Exhaustion of alternate remedies is crucial before seeking judicial review, as original authorities are better positioned to assess factual disputes regarding unauthorized constructions.
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