Why regularise, repeal TP Act itself: HC

According to the petitioner, after he approached the court for a direction to the Greater Chennai Corporation (GCC) to take action against illegal construction, the court directed the Corporation Commissioner to appear before it. Following this, the Corporation officials sealed his house.
Madras High Court
Madras High CourtFile photo

CHENNAI: Expressing its displeasure over building violations being regularised, a division bench of the Madras High Court observed that it was better for the government to withdraw the Tamil Nadu Town and Country Planning Act itself instead of regularising building violations after construction is over.

The bench comprising Justice R Subramanian and Justice Kumaresh Babu made this critical observation while hearing a contempt petition filed by M Vijayabhasker.

According to the petitioner, after he approached the court for a direction to the Greater Chennai Corporation (GCC) to take action against illegal construction, the court directed the Corporation Commissioner to appear before it. Following this, the Corporation officials sealed his house.

Following this, the court had directed the civic body to submit the details of the officials who visited the house of the litigant. Greater Chennai Corporation Commissioner submitted a detailed report about the incident that happened while sealing the house of the petitioner. The counter affidavit disclosed the details of officials of the Corporation, city police authorities, and others who were present during the sealing process.

“Actually, the house of Vijayabhasker was not sealed [because] the court directed the GCC Commissioner to appear in person. GCC sent a notice before October 28 to the petitioner, as his house’s ground floor had a commercial space,” the Corporation said in its counter. The city Corporation also appraised the court about actions that it has been taking against illegal constructions in the city.

Recording the submissions, the judges observed that they have noticed several building violations on Greenways Road. “After completing the construction, authorities are regularising those building violations. Instead of regularising the building violations, the Tamil Nadu Town and Country Planning Act, 1971 could be withdrawn,” the bench said, expressing its anguish over the state of affairs.

The matter has been adjourned by 15 days.

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