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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.RAJASEKAR, S.M. SUBRAMANIAM
M.D.Lokeswari – Appellant
Versus
Chennai Metropolitan Development Authority – Respondent
JUDGMENT :
S.M.Subramaniam, J.
The Writ of mandamus has been instituted to direct the first respondent to take action on the representation of the petitioner dated 31.01.2024, for removal of unauthorised construction.
2. It is not in dispute that in pursuant to the complaint lodged by the petitioner, CMDA conducted an inspection and issued FORM-IV Notice for compliance of Planning Permission in respect of the unauthorised development carried out in contravention of the Planning Permission in proceedings dated 10.11.2023.
3. Mrs.Fathima Sulthana, the learned Counsel for the petitioner would submit that entire IVth Floor is an unauthorised construction and it is to be removed. However, the Authorities are not continuing their action despite the fact that the notice was issued on 10.11.2023.
4. Mr.R.Sivakumar, the learned Standing Counsel for CMDA would submit that subsequently, another notice was issued on 18.03.2025, requesting the private respondents to secure compliance with the set back as per the planning permission issued by CMDA. In response, the private respondents have submitted their reply to CMDA on 17.04.2025. However, further actions are yet to be taken.
5. The lapses on the p
Unauthorized constructions cannot be regularized merely due to a pending regularization application; enforcement actions must be pursued promptly.
Local authorities must enforce relevant laws to address unauthorized constructions within a specified timeframe, underlining the duty to act against illegal encroachments.
The court reaffirmed that enforcement actions against unauthorized constructions must proceed without delay, despite pending regularization applications, emphasizing the need for discretion in granti....
Governmental authorities must comply with planning regulations to ensure the protection of designated open spaces and address unauthorized constructions effectively.
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
The main legal point established in the judgment is the court's authority to address unauthorized construction and deviation from approved plans under the Town and Country Planning Act, 1971.
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
The court emphasized the obligation of the 2nd respondent to take action against unauthorised construction under the Tamil Nadu District Municipality Act, 1920.
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