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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.RAJASEKAR, JJ
D.Sasikala – Appellant
Versus
Additional Secretary to Government, Housing and Urban Development Department – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
The lis on hand has been instituted challenging the Revision Order passed by the Government in proceedings dated 12.09.2024 under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter referred to as "the Act") and the consequential De-occupation Notice dated 21.01.2025, issued by the Greater Chennai Corporation
2. The petitioner states that she is in possession of the subject property as described in the writ proceedings.
3. Admittedly, the subject property belongs to Arulmighu Thiruvalleeswarar Thirukovil, Padi, Chennai. The house existed was in dilapidated condition and she has constructed a small house. However, the petitioner admits that no Building Plan Permission has been obtained from Chennai Corporation for construction of a house.
4. Mr.S.Illamvaludhi, the learned Counsel appearing on behalf of the petitioner would submit that the petitioner is a daily wage employee and constructed a small house for her residence. Therefore, the same need not be construed as unauthorised construction. It is further contended that the extent of the land is below 300 sq.ft. Therefore, no permission is required.
5. Mr.N.R.R.Arun Natarajan, the l
A subsequent occupier without a lease has no legal claim over property, and unauthorized constructions are subject to demolition under the Tamil Nadu Town and Country Planning Act.
Adherence to planning regulations is crucial, and unauthorized constructions can be legally demolished by authorities, following proper procedures and relevant statutes.
The need for expeditious disposal of statutory appeals and the restraint on coercive steps by respondents pending disposal of the appeal.
The central legal point established in the judgment is the need for expeditious disposal of revision applications under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, and the res....
Tenants lack locus to challenge demolition of unauthorised, dangerous buildings under planning laws.
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
The court upheld the legality of eviction actions taken by the Municipality based on unauthorized constructions, ruling prior court orders justified such actions, affirming the need for compliance wi....
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