VIRUGAMBAKKAM FLATS ON GOVT LAND 256-flat complex in city is illegal,rules high court
TIMES NEWS NETWORK
Chennai: A huge residential complex of 256 apartments on Reddy Street,Virugambakkam,has been deemed an unauthorised construction by the Madras high court after the Chennai corporation refused to grant a permit saying it was built on government land. Although the builder had approval from the Chennai Metropolitan Development Authority (CMDA),the apex planning agency,the corporation told the court that the land was classified as gramanatham or common village land and could not be used for private construction. The property had been developed by K Narasa Reddy of Kences Constructions Private Limited through a power of attorney dated December 14,2000,executed by South India Corporation Agencies Limited.Reddy obtained a planning permit from CMDA for the construction of a four-storey building,spread over nine blocks,in 2006. In 2007,the corporation commissioner wrote to the collector,saying the land included a part of community or village land that belonged to the government.The civic body rejected the grant of building permit on these grounds. The corporation told the court that the patta (property title) was erroneously issued and that they had written to the collector for cancellation.
Chennai: A notice was issued to the builder under the Chennai City Municipal Corporation Act,1990,for putting up an unauthorised construction,counsel G T Subramanian told the court on behalf of the corporation.Challenging the order,Narasa Reddy filed a writ petition before a single judge of the high court,which was allowed on August 9,2007. Passing orders on Monday,a division bench,comprising justices Elipe Dharma Rao and M Venugopal,said a status report by the corporations assistant executive engineer said the entire construction of 256 dwelling units on the land had been carried out without obtaining a building permit from the corporation.The pathetic situation prevailing in this part of the globe,as we observed,is that,ignoring the fact that gramanatham land is common village land,greedy persons like the writ petitioner in this case are indulging in activities,which are purely commercial in nature, the order said. Directing the state government and its revenue officials to protect village land from being misused,particularly for commercial purposes,the division bench allowed the writ petition.However,there may be a silver lining for the occupants of the 256 flats as corporation officials said they would not do anything to disturb them.But we will follow due process of law against the builder for constructing an illegal building, said a senior official.
ஊட்டி : தொட்டபெட்டா ஊராட்சி மன்ற தலைவியை பதவி நீக்கம் செய்து மாவட்ட கலெக்டர் உத்தரவிட்டுள்ளார். நீலகிரி மாவட்டம் ஊட்டியில் உள்ள தொட்டபெட்டா ஊராட்சி மன்ற தலைவியாக இருப்பவர் சுமதி. இவர் சட்டவிரோதமாக கட்டடங்கள் கட்ட அனுமதி கொடுத்ததாகவும், முறைகேட்டில் ஈடுபட்டதாகவும், அரசின் திட்டங்களை சரிவர செயல்படுத்தவில்லை என்ற குற்றச்சாட்டுகளின் படி விசாரணை நடந்து வந்தது. இதனைதொடர்ந்து சுமதியை ஊராட்சி மன்ற தலைவர் பொறுப்பிலிருந்து நீக்கி மாவட்ட ஊராட்சி மன்ற ஆய்வாளரும், மாவட்ட கலெக்டருமான அர்ச்சனா பட்நாயக் உத்தரவிட்டார்.
Regularisation of unauthorised buildings in Chennai
The Supreme Court on Tuesday vacated its order of status quo on regularisation of unauthorised constructions by the Chennai Metropolitan Development Authority.
The Supreme Court, by an interim order on December 14, 2007, had said: “Status quo as on today shall be maintained until further orders and the petitioners [CMDA and Tamil Nadu government] shall not pass any order of regularisation, in the meantime.”
Demolition of unauthorised constructions were taken up after the Madras High Court struck down as unconstitutional a law granting moratorium for one year on demolition of all types of unauthorised constructions numbering over 37,000, including 147 high rise commercial complexes in the city.
On special leave petitions against this judgment, the Supreme Court passed the status quo order.
During Tuesday's hearing, Additional Solicitor General Mohan Parasaran, appearing for the appellants submitted that the present law on moratorium on demolitions was valid till July 2011. He said the government was considering amendments to Tamil Nadu Town and Country Planning Act, 1971 taking note of the recommendations of Justice Mohan committee.
Justice Raveendran told the ASG, “You make the law, otherwise it will be a mockery.” The Bench thereafter vacated the status quo order passed in December 2007.
The SLPs stated that there has been a rapid increase in the population of all metro cities, including Chennai, owing to industrialisation, migration and various other factors putting pressure on land and infrastructure. Initially an ordinance was promulgated (it later became an Act) on July 27, 2007 in respect of specified categories of unauthorised development suspending punitive action for one year. Later, this law was extended year after year and in 2010 it was extended till July 2011.
Seeking to quash the judgment, the SLPs said: “Unauthorised constructions have become a reality because the planning process itself had broken down. The law recognises the need to take urgent measures to revitalise the planning process. These myriad and complex issues cannot be dealt with by freezing development and ordering demolition on a large scale.”