Construction plan violation: Building to be brought down

A division bench on finding that the petitioner who was permitted to construct a building to an extent of 7,743 sq ft without stilt floor had not only constructed stilt floor to an extent of 5,556 sq ft, but also constructed several floors working out to 25,280 sq ft, said, “Construction of a building in violation of the sanctioned plan and thereafter making an application seeking regularisation, would amount to putting the cart before the horse.”

Also, noting that this court has repeatedly held that if any application for regularisation is entertained, the authorities concerned are bound to initiate disciplinary proceedings against the erring officials, the bench said, “However, she has not only constructed the ground, first and second floors, but also constructed additional third, fourth and stilt floors, which are unauthorised.”

Further, observing that in such cases, if any illegal structure is not brought down by the authorities, after such violation of construction and encroachments are brought to their attention, it should be presumed that they are keeping quiet for extraneous reasons, thus deeming such an act to attract misconduct of moral turpitude, the bench said, “It is clear that if there is no rectification of the defects by the petitioner within the time stipulated, electricity connection and water supply shall be disconnected to the premises on June 10, 2019.”

However, accounting for the fact that the annual exams of the children are scheduled till April/May 2019 and that the education of the children should not be penalised for the sins of the parents, said, “The tenements/occupiers shall vacate the premises before June 7, 2019 failing which they are deemed to have vacated and the demolition shall commence.”

The bench also directed the authorities to abstain from issuance of fresh notice to the violator as that would give a fresh cause of action, thereby deeming this order to be ineffective. The bench then directed the Commissioner of Police to send police force to enable the officials to carry out the demolition.

As per the case, the petitioner had sought for a direction to consider her representation dated September 11, 2018 for regularisation while failing to heed to the notices issued by the Coimbatore Corporation that she should provide parking space as the cars of the house owners were parked on the street causing traffic congestion.