Unauthorised constructions cannot be claimed as an absolute right: HC
Madurai: Holding that unauthorised constructions cannot be regularised in a routine manner and cannot be claimed as an absolute right,
Madras high court
observed that authorities failing in their duty to deal with unauthorised constructions should be subjected to disciplinary proceedings.
A division bench of justice S M Subramaniam and justice A D Maria Clete observed that regularisation or condonation are only enabling provisions and must be granted exceptionally in deserving cases where an injustice was caused.
The judges observed, "Regularisation is an exemption and can never be claimed as an absolute right. On the one hand, the statute contemplates that a building plan permission must be obtained before the commencement of building.
Therefore, there cannot be any contra provision that such illegal unauthorised construction must be regularised. If such a principle is to be applied, it will result in an anomalous situation, where every person will put up construction unauthorisedly and thereafter submit an application to regularise, and the very objective of the Act and Rules will be defeated.
"
The judges observed that the authorities are not expected to wait for a complaint from any person.
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They are duty-bound to monitor the construction activities. Such violations must be identified at the initial stage of construction, which would prevent financial and other loss to all concerned.
Pursuant to an earlier order, the state govt issued a GO in 2024 constituting a high-level monitoring committee to curb and monitor the unauthorised constructions. It is not made clear by the authorities whether the committee is initiating all appropriate actions as directed by the govt.
Hence, the judges directed the chief secretary to ensure that the high-level monitoring committee meets once a month as per the GO and submit a monthly report to the govt.
The committee's functions must be periodically monitored by the govt and any inaction must result in appropriate action against the authority who failed to implement the GO, the judges added.
The court was hearing a petition filed by M Daniel Simiyon Sudan seeking a direction to the authorities to remove an unauthorised construction of a rice mill in Punganur village in Srirangam taluk in Trichy district. The judges directed the authorities to initiate enforcement action by following the procedures as contemplated under the Act and Rules and demolish the unauthorised constructions, if any, identified, within eight weeks.
The petition was disposed of.
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