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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM
Janpriya Builders – Appellant
Versus
Commissioner Greater Chennai Corporation – Respondent
| Table of Content |
|---|
| 1. acknowledgement of wmp and cmda proceedings. (Para 1) |
| 2. unauthorized construction and administrative failings. (Para 2 , 3 , 4 , 5) |
| 3. government appeals and reasoning behind rejections. (Para 6 , 7 , 8) |
| 4. legal principles against unauthorized constructions. (Para 9 , 10 , 11) |
| 5. consequences for failure in regulatory compliance. (Para 12 , 14) |
| 6. final orders on demolishing unauthorized constructions. (Para 15) |
| 7. final directives and dismissal of the writ petition. (Para 16) |
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.
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.
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