Raze illegal structures if there is proof: Madras HC

The Madras High Court, on slamming the State for taking its ‘sweet time’ to act on petitions pertaining to encroachments despite specific directions to decide the matter within a time limit, has held that no prejudice will be caused to any one if the complainant is heard as that person alone can bring such violations to the attention of the authorities.

Justice S Vaidyanathan, while disposing of a plea pertaining to an encroachment in Nandivaram in Guduvancheri Town Panchayat after directing the authorities to raze the building in question, said, “Not hearing the complainant because the HC order is silent on hearing the applicant/complainant or there is no provision to hear them, would be fatal, if there is illegal construction.” The judge, in his order, also directed the Chief Secretaries of both Tamil Nadu and Puducherry to communicate the observation to all the secretaries to enable them to follow the yardstick of hearing the complainant so that the matter can be given a quietus to.

Also, observing that it is open to the authorities to act as per law if an applicant fails to furnish details if a notice pertaining to an encroachment is issued, Justice Vaidyanathan said, “If there is any unauthorised encroachment, the Government would be right in invoking the relevant provision of the Act/Rules concerned and the building so constructed unauthorisedly, shall be razed to the ground.”