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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S.M. SUBRAMANIAM, K.Rajasekar
S. Paulpandian – Appellant
Versus
Additional Secretary (Technical) Housing and Urban Development Department – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal of time extension (Para 1 , 2) |
| 2. allegations of unauthorized construction by petitioner (Para 3 , 4) |
| 3. petitioner fails to provide proof for regularization (Para 5 , 6) |
| 4. findings from revision under tamil nadu planning act (Para 7 , 8) |
| 5. legal principles against unauthorized constructions (Para 9) |
| 6. court directs demolition of unauthorized construction (Para 10) |
ORDER :
S.M.SUBRAMANIAM, J.
Under assail is the order dated 14.05.2024 rejecting the application submitted by the writ petitioner seeking three months time to produce the records pertaining to the commercial building put up at Door No.20, Pugalendi Street, M.G.R.Nagar, Chennai 600 078. Pertinently, the revisional order dated 04.04.2024 passed by the first respondent under Section 80 -A of the Tamil Nadu Town and Country Planning Act, 1971 has not been challenged in the present writ proceedings.
2. The petitioner states that he was allotted three plots by the Tamil Nadu Slum Clearance Board, now renamed as Tamil Nadu Urban Habitat Development Board. The learned counsel for the petitioner Ms.Vasudha Thiagarajan would submit that the petitioner has obtained an order of regularization purs
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
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