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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, K.RAJASEKAR, JJ.
Kaivalyam Nagar And Jemi Garden Residents Welfare Association - Appellant
Versus
The District Collector - Respondent
WP No. 25459 of 2024
Decided on : 28-04-2025
| Table of Content |
|---|
| 1. mandamus to address illegal construction (Para 1) |
| 2. court directs inspection of constructions (Para 2) |
| 3. government's actions on constructions (Para 3 , 4) |
| 4. order for demolition of unauthorized structures (Para 5) |
ORDER :
S.M.Subramaniam, J.
The writ of mandamus has been instituted to direct the respondents 1 to 4 to initiate action against the illegal and unauthorized construction put up by the respondents 5 to 7 at Plot Nos.84 and 85 and 86 and 87 in Jemi Garden Phase-III, Therasapuram, Vallam Vadakal Village, Mathur Post, Sriperumbudur, Kancheepuram -602 105 and remove the same.
2. With reference to the allegations set out in the writ petition, this Court directed the Block Development Officer, Sriperumbudur Panchayat Union to conduct inspection and survey, identify the unauthorized construction and submit a status report.
3. Mr.T.Chandrasekaran, the learned Special Government Pleader appearing on behalf of the respondents 1 to 3 submitted the written instructions given by the Block Development Officer, Sriperumbudur Panchayat Union along with the actions initiated for conducting inspection and survey.
4. The respondents have stated that encroachments and unauthorised constructions are identified during the course of inspection and notice was also issued to the owners/occupiers of unauthorised buildings and the encroachers.
5. That being the submission made, the respondents 1 to 4 are directed to continue the enforcement actions initiated under the relevant statutes and rules by following the procedures as contemplated and demolish the unauthorised constructions and evict the encroachers, as the case may be, within a period of four (4) months from the date of receipt of a copy of this order.
Accordingly, the Writ Petition stands disposed of. No costs.
Local authorities must enforce relevant laws to address unauthorized constructions within a specified timeframe, underlining the duty to act against illegal encroachments.
Governmental authorities must comply with planning regulations to ensure the protection of designated open spaces and address unauthorized constructions effectively.
Unauthorized constructions cannot be regularized merely due to a pending regularization application; enforcement actions must be pursued promptly.
The court mandated government authorities to take coordinated action against unauthorized constructions and industrial activities causing pollution, emphasizing the need for compliance within six mon....
The court determined that existing actions by authorities rendered the Writ Petition unnecessary, leading to dismissal.
Authority of local gram panchayat to address unauthorized constructions under the West Bengal Panchayat Act.
Court affirmed the necessity to adhere to statutory procedures in addressing unauthorized constructions under local body laws.
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