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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. RAJASEKAR, S.M. SUBRAMANIAM
C. Swaminathan – Appellant
Versus
State of Tamil Nadu, represented by its Secretary to Government, Housing and Urban Development Department, Secretariat – Respondent
ORDER :
(S.M. SUBRAMANIAM, J.)
The writ of mandamus has been instituted to direct the respondents 1 to 5 herein to take immediate action against the 6th respondent as per the orders passed in W.P.No.11201 of 2010 dated 10.02.2010 and W.P.No.13053 of 2010 dated 03.08.2010 for committing the Building Plan violations in the premises viz., R.C. Towers, bearing Door No.82/27, Josier Street, Nungambakkam, Chennai - 34 and adjoining Building at Door No.143, Kodambakkam High Road, Nungambakkam, Chennai - 34.
2. The petitioner seeks a direction to take enforcement action as per the earlier orders passed by this Court.
3. It is brought to the notice of this Court that an application seeking regularisation of unauthorised construction is submitted. Pendency of an application is not a bar for initiating enforcement action under the provisions of the Town and Country Planning Act. Regularisation cannot be granted in a routine manner. Regularisation of unauthorised construction is an exception and the power is to be exercised discreetly only in deserving cases. The power of grant of exception cannot be exercised in a routine manner, so as to defeat the objectives of the Town and Country Planning Act
The court reaffirmed that enforcement actions against unauthorized constructions must proceed without delay, despite pending regularization applications, emphasizing the need for discretion in granti....
Unauthorized constructions cannot be regularized merely due to a pending regularization application; enforcement actions must be pursued promptly.
Unauthorized construction without valid permissions is subject to enforcement actions under planning laws, and ongoing civil disputes do not negate statutory compliance requirements.
The court affirmed that unauthorized construction entails dismissal of writ petitions, upholding enforcement actions under planning regulations.
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
Unauthorized constructions must be rectified in compliance with building regulations; courts should not condone illegalities that threaten public safety.
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
Municipal authorities' rectification of unauthorized constructions precludes further judicial intervention in compliance matters.
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