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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
R. Ashokan – Appellant
Versus
Block Development Officer Udhagamandalam – Respondent
| Table of Content |
|---|
| 1. challenge to notice regarding unauthorized construction. (Para 1 , 2) |
| 2. provisions of the act for building permission and unauthorized construction. (Para 3 , 4 , 5 , 6) |
| 3. unified application of statutes for building permission. (Para 7) |
| 4. petitioner's building sealed; revision to government allowed. (Para 8) |
| 5. writ petition dismissed; government to decide on merits. (Para 9 , 10) |
ORDER :
S.M. Subramaniam J.
Notice dated 24.10.2025 issued under Section 56 (2A) of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter referred to as the “Act”), with regard to the unauthorised construction is under challenge in the present writ proceeding.
2. A complaint was given against the petitioner’s property that he has encroached upon the Government land. During the course of inspection, authorities found that there is no encroachment of land, but unauthorised constructions are found. Thus, Executive Authority of Panchayat initiated action against unauthorised construction under the provisions of the Act.
3. Scheme under the Act would contemplate that an application seeking permission is to be filed under Section 49 of the Act. Based on the application, competent authori
The court held that the Tamil Nadu Town and Country Planning Act mandates strict compliance with procedures for building permissions and enforcement actions regarding unauthorized constructions.
Building permissions in hill stations must comply with specific regulations outlined in the Tamil Nadu District Municipalities Act, overriding general master plans.
Special rules governing building permissions in hill stations prevail over general laws to ensure environmental protection, emphasizing legislative intent against construction near reserve forests.
The amalgamation of residential buildings into commercial use without proper authorization violates 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.
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