Unauthorized constructions cannot be regularized merely due to a pending regularization application; enforcement actions must be pursued promptly.

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 part of CMDA in continuing the enforcement action cannot be approved by this Court. Once enforcement actions are initiated against the unauthorised constructions/deviations, it must be pursued continuously, so as to ensure that the unauthorised constructions/deviations are demolished and the building is restored in consonance with the Building Plan Permission. Contrarily, the Authorities are committing lapses and dereliction of duty in complying with the provisions of law for which they must be held responsible and accountable and more-so, those Officials must be subjected to disciplinary proceedings.

6. The Hon'ble Supreme Court of India in the case of Rajendra Kumar Barjatya Vs. U.P.Avas Evam Vikas Parishad reported in 2024 INSC 990 passed Judgment in rem. Paragraph No.21 of the Judgment reads as under:

"Directions in the matter of demolition of structures (supra):

(i) While issuing the building planning permission, an undertaking be obtained from the builder/applicant, as the case may be, to the effect that possession of the building will be entrusted and/or handed over to the owners/beneficiaries only after obtaining completion/occupation certificate from the authorities concerned.

(ii) The builder/developer/owner shall cause to be displayed at the construction site, a copy of the approved plan during the entire period of construction and the authorities concerned shall inspect the premises periodically and maintain a record of such inspection in their official records.

(iii) Upon conducting personal inspection and being satisfied that the building is constructed in accordance with the building planning permission given and there is no deviation in such construction in any manner, the completion/occupation certificate in respect of residential/commercial building, be issued by the authority concerned to the parties concerned, without causing undue delay. If any deviation is noticed, action must be taken in accordance with the Act and the process of issuance of completion/occupation certificate should be deferred, unless and until the deviations pointed out are completely rectified.

(iv) All the necessary service connections, such as, Electricity, water supply, sewerage connection, etc., shall be given by the service provider/Board to the buildings only after the production of the completion/occupation certificate.

(v) Even after issuance of completion certificate, deviation/violation if any contrary to the planning permission brought to the notice of the authority immediate