Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Rajasekar, S.M. Subramaniam
Akkalaneni Anish – Appellant
Versus
Government of Tamil Nadu, Represented by its Additional Secretary to Government, Housing and Urban Development Department – Respondent
| Table of Content |
|---|
| 1. government actions against unauthorized construction (Para 1 , 2) |
| 2. petitioner's request for time to vacate (Para 3) |
| 3. court's directive for enforcement of demolition (Para 4) |
| 4. dismissal of writ petition (Para 5) |
ORDER :
S.M.SUBRAMANIAM, J.
The order of rejection passed by the Government vide letter dated 01.04.2025 under Section 80 -A of the Town and Country Planning Act is sought to be assailed in the present writ proceedings.
2. It is not in dispute that the authorities identified unauthorised construction in the subject property. Enforcement actions were initiated. The writ petitioner is a tenant. The owner of the premises Smt.Kasturi also filed a revision petition under Section 80 -A of the Tamil Nadu Town and Country Planning Act before the Government and the said revision petition was rejected along with the revision petition filed by the writ petitioner by way of a common order, which is impugned in the present writ proceedings.
3. Since the subject building was found to be unauthorisedly constructed in violation of the building plan permission and the enforcement actions have already been completed by the authorities, this Court is not inclined to entert
The court affirmed that unauthorized construction entails dismissal of writ petitions, upholding enforcement actions under planning regulations.
Unauthorized construction without valid permissions is subject to enforcement actions under planning laws, and ongoing civil disputes do not negate statutory compliance requirements.
Objector aggrieved by unlawful construction lacks locus to challenge revisional order passed in his favor; must seek implementation instead.
Adherence to planning regulations is crucial, and unauthorized constructions can be legally demolished by authorities, following proper procedures and relevant statutes.
The central legal point established in the judgment is the need for expeditious disposal of revision applications under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, and the res....
Writ petitions cannot entertain requests that contradict statutory provisions; the appropriate remedy lies in filing a statutory revision as per the Town and Country Planning Act.
Tenants lack locus to challenge demolition of unauthorised, dangerous buildings under planning laws.
A revision under Section 80-A of the Tamil Nadu Town and Country Planning Act cannot be entertained against a de-occupation notice following a locking & sealing order.
A subsequent occupier without a lease has no legal claim over property, and unauthorized constructions are subject to demolition under the Tamil Nadu Town and Country Planning Act.
Court clarifies the procedural remedies available under the Tamil Nadu Town and Country Planning Act in relation to unauthorized construction.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
