Ensure panel formed to curb unauthorised constructions meets once a month: HC

The Hindu

6 days ago

The Madurai Bench of the Madras High Court has directed the Chief Secretary to ensure that the High-Level Monitoring Committee constituted to curb unauthorised constructions meets once a month and submits monthly reports to the government.
A Division Bench of Justices S.M. Subramaniam and A.D. Maria Clete observed that the committee's functions must be periodically monitored by the government and any inaction must result in an appropriate action against the authority who failed to implement the G.O. and committed dereliction of duty. The efficient functioning of the committee was not made clear by the authorities, the court observed.
It further observed that a holistic reading of the Act and the Rules covering urban and panchayat areas with regard to unauthorised constructions would be sufficient to form an opinion that building constructions must be undertaken only after obtaining building plan permission from the competent authorities as stipulated in the applicable provisions of the Act and the Rules.
Regularisation, condonation or otherwise were only enabling provisions and must be granted exceptionally in deserving cases where an injustice had been caused. However, regularisation could not be claimed as an absolute right. The unauthorised and illegal constructions could not be regularised in a routine manner by the authorities, the court said.
Unauthorised constructions posed a danger to the public and caused environmental damages. Greedy men were emboldened to construct buildings unauthorisedly in urban areas and rural areas, thereby causing inconvenience to neighbours and road-users. They converted fertile lands into a concrete jungle and deprived others of a peaceful living. Authorities failing in their duty to deal with unauthorised constructions must be subjected to departmental disciplinary proceedings, the court observed.
The authorities were not expected to wait for complaints from anyone. They were duty bound to monitor construction activities. Field-level officials must ensure that buildings were constructed in accordance with the building plan permission and violations were to be dealt with in accordance with law swiftly. Violations must be identified at the initial stage of construction, which would prevent financial and other loss to all concerned.
The court was hearing the petition filed by M. Daniel Simiyon Sudan, seeking a direction to the authorities to remove unauthorised construction/rice mill in Srirangam in Tiruchi district. The court directed the authorities to initiate enforcement action and demolish the constructions, if any identified, in eight weeks. The matter was posted for reporting compliance to August 7.