Show no mercy, raze down illegal buildings, officials told

Justice S Vaidyanathan, on ordering the demolition of structures in Thirumalai Nagar, Perungudi, since as per the sanctioned plan, there cannot be any commercial place, said, “TNTCPA instead of trying to curtail unauthorised constructions is paving way for illegal construction and illegal regularisation.” 

“Not only the citizens of the country, but also the authorities, are trying to approve the illegal constructions that are being made without setbacks,” the judge added.

Also, noting that pending of appeal before Housing and Urban Development Department under Section 80-A of the said Act, cannot be a ground for the illegal construction of the building to continue, Justice Vaidyanathan said, “Whenever an application for regularisation of illegal construction is made or the application is filed under Section 80-A, the authority concerned shall not only hear the complainant, if there is one, but also take videographs and photographs of the portions built in violation of the plan and thereafter pass appropriate orders.” 

“At no point of time, mercy shall be shown to those persons who have constructed the building in violation of the plan, knowing that it is in violation of the plan, and no one, much less this court will show any sympathy for the said violators,” the judge further noted.

The plea was moved by a house owner on the first floor of a building in Thirumalai Nagar, Perungudi, that the residential area was attempted to be converted into commercial area without modification of the plan. 

Justice Vaidyanathan held, “In the present case, the violation is clear and the proceeding/decision from the authority under section 80-A of the TNTCPA, will give relief mainly to lawyers than to the litigants, as there will be a second round of litigation, if only a direction to dispose of the representation is ordered.”