High Court seeks report on sanction of 13-storey building in Adyar

Expressing shock over the approval given to a private builder for the construction of a 13-storey residential flats consisting of more than 100 tenements in an area marked as flood prone, a division bench comprising Justice N Kirubakaran and Justice Krishnan Ramaswamy, said, “When there is no access to the property in question from Anna Salai or from any other side, as the land on the Southern side belongs to Tamil Nadu Highways Department, it is a million dollar question as to how the approval has been granted for the said building.” 

Also, observing that from the photographs produced before this court, it is clearly seen that there is no gap between the waterway (Adyar River) and the new construction, the bench sought the Member Secretary, Chennai River Restoration Trust to inspect the subject property and submit a report about the distance between the waterway and the new construction, and whether there is any river bund in that spot. 

The bench also sought details regarding the money sanctioned by the Government to Chennai Restoration Trust for the past five years, the work done, the money spent and the authorities/ agencies who have been entrusted with the works. Further, on noting that it is evident from the NOC issued by the Chief Engineer, Water Resource Department (WRD) that the site lies in the ‘flood prone zone’, the bench on recording contradictory views by Chennai Restoration Trust and Engineer-in-chief, WRD, directed the latter to file the rules and regulations or the statute which prescribes a minimum of 50 metres distance between a waterway and a building or the one which states that the minimum distance could vary from place to place. 

Also, on recording the Tamil Nadu Coastal Zone Management Authority that it had not offered any clearance, the bench suo motu impleaded the Ministry of Environment, Forest and Climate Change and directed the Assistant Solicitor General to get instructions as to how the coastal zone in determined and approved by the said ministry. Taking stock of the impact assessment done by the Disaster Management Authority after the 2015 deluge, the bench led by Justice Kirubakaran on impleading the Commissioner of Revenue Administration directed him to appear before the court and offer answers about the assessments made after the 2015 deluge and the preventive measures taken. 

Summoning all the authorities responsible for the approving the said construction including members of the ‘Multi-storey Building Committee’ and file an affidavit giving details as to how they had given approval in the absence of ingress and egress to the property. The matter has been posted for further hearing to August 2.