‘Can collect damages from builders on illegal building’

The court ordered the removal of an unauthorised construction at Nallathambi Road in Anna Nagar within 15 days.

A division bench of Justice M Venugopal and Justice S Vaidyanathan made the observation while hearing a plea moved by Golden Enclave Owners Association, Anna Nagar, Pammal, that two residents in the building have constructed without permission.  

The petitioner, Golden Enclave Owners Association, wanted the court to direct the municipality commissioner to demolish the structure constructed in deviation of planning permission. The Municipal Commissioner in his counter said that the setback space is a mere two feet instead of the five feet and that there is unauthorised construction even in the stilt floor. A final order has also been passed directing the builder to demolish the unauthorised construction, the official said. 

Recording the submissions, the bench held, “When there is violation of the construction and that final orders had also been passed on the said show cause notice, it is needless to mention that the it has got to be demolished.” The bench in its order also held, that the same yardstick to the builder, is also applicable to other violators, including the petitioner.”