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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM
N. Mohana Deepa D/o P. Natarajan – Appellant
Versus
Secretary to Government, Housing and Urban Development Department – Respondent
| Table of Content |
|---|
| 1. petitioner's claim of ownership of property. (Para 1 , 2) |
| 2. allegations of unauthorized construction and subsequent actions. (Para 3 , 4 , 5) |
| 3. court's order on unauthorized construction. (Para 6) |
| 4. dismissal of writ petition and closure of connected motions. (Para 7) |
ORDER :
1. The letter dated 29.04.2024 issued by the Government and the subsequent Lock and Seal and De-occupation notice dated 21.06.2024 issued by the 7th respondent are sought to be assailed in the present writ petition.
2. The petitioner states that she is the absolute owner of the building and land to an extent of 759 square feet comprised in Town Survey No.31, Block No.38, (Old Survey No.19/2), bearing Door No.26/11A, 1st street, Govindarajapuram, Adyar, Chennai-600 020.
3. The respondent/Greater Chennai Corporation received a complaint from one Tmt.Palaneeswari/9th respondent, stating that the petitioner constructed unauthorized building without obtaining Building Plan Permission from the competent Authority under the relevant Rules. Pursuant to the complaint, an inspection was conducted by the Assistant Executive Engineer, Unit - 40, Zone - XIII and the Assistant Engineer, Division - 175, Unit 4
Adherence to planning regulations is crucial, and unauthorized constructions can be legally demolished by authorities, following proper procedures and relevant statutes.
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.
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....
The court affirmed the validity of administrative actions against unauthorized constructions unless jurisdiction or malafide intent is established.
A writ of mandamus cannot be issued to de-seal premises when the petitioner has failed to comply with prior statutory orders regarding unauthorized construction.
Tenants lack locus to challenge demolition of unauthorised, dangerous buildings under planning laws.
Unauthorized construction without valid permissions is subject to enforcement actions under planning laws, and ongoing civil disputes do not negate statutory compliance requirements.
The Tamil Nadu Town and Country Planning Act allows for the removal of unauthorized developments, establishing a procedure for consideration of affected parties' grievances.
Unauthorized constructions must be rectified in compliance with building regulations; courts should not condone illegalities that threaten public safety.
The court affirmed that unauthorized construction entails dismissal of writ petitions, upholding enforcement actions under planning regulations.
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