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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM
Janpriya Builders – Appellant
Versus
Commissioner Greater Chennai Corporation – Respondent
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 9th floor (part) and 10th 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
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 without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
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.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
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