Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.

ORDER :

1. W.M.P.No.18745 of 2024 seeking to dispense with the production of the original impugned order, stands ordered.

2. The order passed by the Chennai Metropolitan Development Authority (CMDA) vide proceedings dated 28.11.2023 for removal of the unauthorized structure put up by the petitioner is under challenge in the present writ proceedings.

3. Originally, planning permission was granted to the petitioner construction company for construction of basement floor, ground floor, mezzanine floor plus three floors commercial building in proceedings dated 09.02.1990. However, the petitioner constructed basement floor, ground plus eight floors plus 9^th floor (part) and 10^th floor (part) buildings. The unauthorized commercial structures have been erected by the petitioner in the busy commercial area in Chennai city bearing Old Door No.61, New Door No.34, Sir Thyagaraya Road, Pondy Bazaar, T. Nagar, Chennai-17.

4. Application after application were filed before the second respondent seeking regularization of the unauthorized construction of huge extent by the petitioner. However, the applications were not considered nor the unauthorized constructions have been regularized by the CMDA, on the ground that such regularization is not feasible under law. The developer constructed the commercial buildings in violation of the approved plan in respect of fourth to eighth floors plus ninth floor (part) and tenth floor (part). The additional floors were completed in all respects prior to 01.07.2007. Therefore, soon after the completion of unauthorized constructions, application seeking regularization was filed, which was rejected vide letter dated 09.02.2007. Thereafter, 50^th Monitoring Committee meeting was held on 19.11.2014 and the issue regarding enforcement action on developments completed prior to 01.07.2007 was discussed. In the present case, the petitioner developer had not produced any credible evidence. Therefore, the application seeking regularization was rejected.

5. The second regularization application was submitted by the petitioner and the earlier decision taken by the CMDA rejecting the regularization request, was reiterated in letter dated 27.02.2014. Since both the applications seeking regularization were rejected, locking and sealing and demolition notice was issued vide letter dated 10.07.2014 followed by locking and sealing and demolition cum de-occupation notice dated 04.07.2019. Consequently, the unauthorized floors, namely, fourth to eighth floors plus ninth floor (part) and tenth floor (part) and the unauthorized ground floor structure on setback space on western side hot and cold (part) were locked and sealed on 24.10.2019.

6. The petitioner filed an appeal under Section 80 -A of the Tamil Nadu Town and Country Planning Act before the Government. The Government also considered the issues on merits and passed a speaking order rejecting the appeal vide letter dated 13.02.2020. The said rejection order states that it is multi-storeyed commercial building with large scale deviation/violation with unauthorized and deviated construction of basement floor plus ground floor plus eight floors plus ninth floor (part) an tenth floor (part) commercial building at Old No.61, New No.34, Sir Theyagaraya Road, Pondy Bazar, T.Nagar, Chennai and there is a dispute between the owner M/s Janpriya Builders (petitioner) and tenant Thiru.N.Bava, Proprietor of M/s Hot & Cold (Chips & Chats), Chennai. The Government after considering the appeal filed by th