The Madras High Court has issued a stern warning against unauthorized construction, ordering the demolition of seven floors of a building in the bustling T Nagar area of Chennai. This decisive action underscores the court’s commitment to upholding building regulations and ensuring that violators face the consequences of their actions.
Strict Enforcement Against Violations
The court’s ruling emphasizes that no leniency will be shown to those who do not abide by the building norms. Justices S.M. Subramaniam and K. Rajasekar, in their division bench, stressed that government authorities must act swiftly and decisively upon receiving complaints about unauthorized constructions.
No Escape Through Regularization – Court’s Firm Stance
The court dismissed a petition filed by Janpriya Builders, who had constructed the ninth and tenth floors of their building without approval, exceeding the sanctioned eight floors. The builders’ attempts to seek regularization were repeatedly rejected by the Chennai Metropolitan Development Authority (CMDA). The court clarified its stance with a strong statement: “No unauthorised construction shall be allowed to remain and the authorities are bound to initiate appropriate actions on receipt of information or complaint from any person. Since the law has been declared by the Supreme Court, no leniency or misplaced sympathy can be shown by the courts merely on the ground that the violator has invested some amount,” said a division bench of Justices S M Subramaniam and K Rajasekar while dismissing a petition filed against the demolition of the building. This highlights that mere investment in illegal construction does not absolve violators of their responsibility.
Condemnation of Official Complicity
The bench also criticized officials from the CMDA, Greater Chennai Corporation (GCC), and other relevant authorities for their alleged complicity with violators. It highlighted that such collusion emboldens builders and contractors to engage in illegal activities, hoping to evade legal repercussions.
Demolition Timeline
The CMDA issued a lock, seal, and demolition notice for the unauthorized portions from the fourth to the tenth floor. The High Court has now directed the CMDA and GCC to complete the demolition of these unauthorized sections within eight weeks, as per the order dated November 28, 2023.
Impact on Chennai’s Real Estate Landscape
This ruling sends a strong message to the real estate sector in Chennai, reinforcing the importance of adhering to building regulations. It serves as a reminder that unauthorized constructions will not be tolerated, and swift action will be taken to rectify such violations.