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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.RAJASEKAR, S.M. SUBRAMANIAM
Anima Lama Alias Anima Biswas, W/o.Sudir Lama – Appellant
Versus
Member Secretary – Respondent
ORDER :
S.M.Subramaniam, J.
Notice issued by the competent Authority against the unauthorised construction of commercial building at R.S.No.239pt, T.S.No.38, Ward E, Block No.1, Door No.9, Subaiya Salai, Puducherry Revenue Village, Puducherry Municipality, Puducherry is under challenge in the present writ proceedings.
2. No writ against notice is entertainable unless it is issued by an incompetent authority having no jurisdiction or tainted with the allegations of malafides. It is for the petitioner to submit his Building Plan Approval and other documents to establish that the building is constructed in accordance with the Building Plan Permission.
3. Mr.T.S.Baskaran, the learned Counsel for the petitioner would submit that there is no building and the petitioner has constructed a shed.
4. Even construction of shed is permissible under the rules are to be verified by the competent Authority. Once unauthorised construction/shed is identified, the Authorities are empowered to issue notice under the relevant Rules. Further actions are to be continued by following the procedures as contemplated for the purpose of removal of unauthorised constructions/Shed made in violation of the Planning R
A writ cannot challenge a notice of unauthorized construction unless issued by an authority lacking jurisdiction or tainted with malafides; the petitioner must provide relevant documentation to addre....
The court emphasized the obligation of the 2nd respondent to take action against unauthorised construction under the Tamil Nadu District Municipality Act, 1920.
Unauthorized construction without valid permissions is subject to enforcement actions under planning laws, and ongoing civil disputes do not negate statutory compliance requirements.
Adherence to planning regulations is crucial, and unauthorized constructions can be legally demolished by authorities, following proper procedures and relevant statutes.
The court ensures due process by suspending coercive actions, pending review of petitioner's responses to building violation notices.
The deemed sanction of a building plan applies if the authority neither approves nor rejects within the statutory period, provided no illegality is committed.
The court affirmed that any citizen can file complaints regarding unauthorized constructions, emphasizing strict enforcement of planning laws to prevent illegal activities.
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