HC orders demolition of illegal structure within Corpn premises

A division bench comprising Justice S Vaidyanathan and Justice Subramonium Prasad held so while dismissing a plea moved by one B Mamitha. She had challenged the order of the appellate authority viz the additional secretary, Housing and Urban Development Department rejecting her plea for regularisation and instead directing the Greater Chennai Corporation to continue with the demolition.

While conceding in her plea that the construction is unauthorised, she had submitted that there is an application pending for regularisation under Section 113-C of the Tamil Nadu Town and Panchayat Planning Act 1971 and hence the order of demolition should be stayed until then.

However, the bench in its order held, “This court, vide order dated February 06, 2019, while dealing with a similar issue regards illegal construction had held that even though Section 113-C has been upheld, the GO Ms Nos110 and 111 issued in the said provision cannot stand in the eye of the law and that in respect of the illegal construction, demolition should take place.”

Also, citing its earlier order in which it had held that the insertion of Section 113-C of the Act and the subsequent Government Orders appear to be a helping hand only to encroachers, the bench led by Justice Vaidyanathan, said “As GO Ms Nos 110 and 111 has been held to be bad, the illegal construction will have to go.”

Setting aside the contention of the petitioner that she was not given an opportunity, the bench said, “As it is a finding of fact that illegal construction has been admitted, we find no error in the order of the appellate authority.”

The bench then directed the Corporation to continue with the demolition of the illegal structure before the end of June 2019 and disconnect electricity supply and water supply within a week.

As electricity board is a necessary party, the court suo motu impleaded the Chairman, TNEB as party respondent in the case. While special government pleader R Govidasamy took notice on behalf of the Additional Secretary, Housing and Urban Development, P S Ganesh, standing counsel, took notice on behalf of the Member secretary, Chennai Metropolitan Development Authority.