'Bar builders from allotting houses without completion certificates'

The bench comprising Justice R Mahadevan and Mohamed Shafiq passed the orders on dismissing a batch of writ petitions filed by a residential association from Kosapet, Chennai.
Madras High Court
Madras High Court

CHENNAI: A division bench of the Madras High Court had ordered the Greater Chennai Corporation to get an undertaking from the builders/applicants saying that they will not allot the houses/buildings to the owners/beneficiaries without obtaining the completion certificate.

The bench comprising Justice R Mahadevan and Mohamed Shafiq passed the orders on dismissing a batch of writ petitions filed by a residential association from Kosapet, Chennai.

The judges recorded that in connection with the rectification of buildings 847 appeal petitions in the Chennai south region and 1581 appeal petitions in respect of Chennai north and Central Region, are pending consideration before the Government, without any progress.

The petitioners who are owners of the residential flats challenged the notice of CMDA issued under Section 56, 57 read with Section 85 of the Town and Country Planning Act 1971 to lock and seal the houses on the grounds of violations. The petitioners sought permission to enable them to alter the building in consonance with the Act.

Nevertheless, the judges held that they are of the opinion that the practice of putting up an illegal construction and subsequently seeking regularization or rectification should not be encouraged as it would give a wrong impression that a building can be unauthorizedly constructed and later, defects could be rectified.

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