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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
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 pursuant to the scheme notified by the Government under Section 113 -A of the Tamil Nadu Town and Country Planning Act and the buildings constructed prior to 28.02.1999, were regularized under the said scheme. However, the petitioner was not able to produce the order of regularization, since there was a fire accident in the said property at M.G.R.Nagar and First Information Report has been registered. The ti
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.
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
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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