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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, K. Rajasekar, JJ
Association Of Vasanth Apartments Owners – Appellant
Versus
Chennai Metropolitan Development Authority – Respondent
ORDER :
S.M.Subramaniam, J.
The writ of Mandamus has been instituted to direct the respondents 1 and 2 to remove the illegal constructions made in the Type III building situated in survey No.380/5 of Velachery Village, Chennai 42 coming within the Group Development approved by the 1st respondent vide Planning permission and to bring the Type III building as per the approved plan and to ensure that Type III building is dealt and maintained by the 11th respondent only as per the said approved plan issued by the 1st respondent.
2. The Government has considered the issue relating to unauthorized construction and passed an order vide letter dated 02.05.2022 as follows:
“11.It is observed that the site comprises of 11 Blocks with 243 dwelling units for which planning permission was issued in 1994. One of the blocks (Type III Building) has been constructed in violation of the approved plan. Ground + 1 floor was approved, but, second floor was constructed unauthorisedly. Further usage was also converted. The Resident Association has also raised objection. The appeal has been filed by the owner of the Type III building.
12.Hence, the Government after careful examination of the available records
Unauthorized constructions must comply with planning permissions, and authorities are mandated to enforce compliance under the Tamil Nadu Town and Country Planning Act.
Illegal and unauthorized construction can be subject to legal action for removal or demolition.
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
A tenant lacks standing to contest municipal demolition actions against the property owner for unauthorized construction, and grievances must be addressed in civil court.
Local authorities must enforce relevant laws to address unauthorized constructions within a specified timeframe, underlining the duty to act against illegal encroachments.
The court emphasized the obligation of the 2nd respondent to take action against unauthorised construction under the Tamil Nadu District Municipality Act, 1920.
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.
Adherence to planning regulations is crucial, and unauthorized constructions can be legally demolished by authorities, following proper procedures and relevant statutes.
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