“Once a planning permission is obtained, it is mandatory upon the developer/builder to strictly adhere to it. But unfortunately, in almost all cases, they are violated with utmost impunity. The violators are getting emboldened owing to lack of implementation of provisions on the part of the enforcement agencies,” the court observed.
A division bench comprising Justice M Sathyanarayanan and Justice R Hemalatha made the observation while dismissing a plea challenging the demolition notice issued to a building in Arumbakkam for deviating from the sanctioned building plan.
As per the case, Ashwar Builders and Promoters was permitted to construct the apartment with stilt plus two floors. Later, citing deviation from the plan and unauthorised construction in the premises, the Chennai Metropolitan Development Authority (CMDA) issued notice to the builder. After its appeals were rejected, the Greater Chennai Corporation issued a ‘Locking, Sealing and Demolition Notice’ on July 7, 2017. Challenging this, the writ petition was moved.
The bench pointed out that the Secretary of Housing and Urban Development Department, who is the Statutory Appellate Authority, has assigned proper and tenable reasons for rejecting the statutory appeal as well as the review filed by the petitioner.
“In the absence of any error apparent on the face of the record, or infirmity, those kinds of orders will not be normally interfered by this court and it cannot be the subject matter of judicial review in a writ petition,” the bench held. The bench also cited several other orders that had highlighted the unholy nexus between the builders and certain officials of the CMDA and Corporation, leading to gross violation of building laws. Both the enforcement agencies would take action only if somebody approached the court and obtained positive orders, it added.