Court clarifies the procedural remedies available under the Tamil Nadu Town and Country Planning Act in relation to unauthorized construction.

Heard learned counsel for the parties.

2. Learned counsel for the petitioner argues that the order passed by the revisional authority / Government, in exercise of powers under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971 (hereinafter referred to as 'the Act') is illegal, as it takes away the petitioner's right to take appropriate measures as envisaged under Section 56 (3) of the Act.

3. We find that it is an admitted position on record that the petitioner has constructed the building without any permission whatsoever. In such situation, it was within the power of the authority to take necessary steps to issue notice and require the petitioner to demolish the illegal construction.

3. Though the petitioner had a remedy as provided under Section

56(3) of the Act, the petitioner chose to challenge the demolition notice by filing a revision petition under Section 80-A of the Act.

4. In the absence of the petitioner himself having taken recourse to the remedy available under Section 56 (3) of the Act, the revisional authority did not commit any illegality because, in the absence of any such option taken by the petitioner under (3), the only course open is to proceed towards demolition.

5. However, taking into consideration that the petitioner was not well advised and instead of taking steps as envisaged under Section 56 (3), he filed a revision petition, we dispose of this writ petition giving the petitioner liberty to take remedy under (3) by making an application under Section 49 within a period of thirty days from today. If such an application is filed, the same shall be decided on its own merits without being influenced by the order passed under Section 80-A . However, in the event the petitioner does not take the remedy for which liberty is now granted by us, the order of the revisional authority shall become effective and operative and the petitioner will have to face the consequences.

6. The writ petition is disposed of on the above terms. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.