Increase tax, utility charges by 5 times for unapproved buildings: HC

Making it unfeasible for those who constructed buildings without getting mandatory approval from competent authorities, the Madras High Court asked the State government to levy five times the normal rate for utility bills and property tax till the illegality of the structure is rectified. This was done instead of cutting utility supplies so that the family members of the violators are not affected.

“The court may feel that disconnection of electricity may hinder not only the violators but also the family members. In such an event, the authorities/court must ensure that while passing interim or final orders in the application, the electricity charges, property tax, water and sewage charges must be paid five times to the violators, till such time the violation is set right and the building is rectified in terms of the plan,” a division bench comprising Justice A Vaidyanathan and Justice D Bharatha Chakravarthy ruled.

The judges issued the direction while dismissing a plea moved by B Kanchana, who prayed to quash a lock and seal notice issued by Greater Chennai Corporation on charges of constructing the building in 2003 without getting any proper approval.

“We had applied for approval for constructing the building. However, the authorities had failed to issue the approval. Now, they are trying to lock and seal our house ignoring our appeal representation which is pending before the Additional Chief Secretary (Technical), Housing and Urban Development department,” the petitioner said.

Recording the submissions, the bench held that the applicants must give a reasonable time to the authorities to consider the grant of approval for construction of the building.

“Any request for an instant approval will pave the way for ‘under the table dealing’ and in that process, the officials will flourish and their belly will get doubled with the money received as a bribe,” the bench noted while dismissing the petition.