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Madras HC, Real Estate News, ET RealEstate

Madras HC, Real Estate News, ET RealEstate
MADURAI: Observing that far too often the high and mighty in real estate flouted laws with political benevolence and incompetent court largesse to get away with almost murder, Madras high court on Thursday observed that no leniency can be shown towards such illegal constructions.

Only if a few such buildings are razed in public view that other plotters of similar authorised constructions would know what lies in store for them in future.

The court was hearing a public interest litigation filed by S T Karunanithi who sought a direction to take action against a multi-storey commercial building put up by a person called S Thanaraj (sixth respondent) in Tuticorin corporation limits.

A division bench of Chief Justice Sanjib Banerjee and Justice S Ananthi observed that an affidavit filed by the town and country planning authorities reveals largescale deviation in the building such as completely unauthorised floors and the extent of deviation in certain areas is 100%. The judges observed that while urban areas in the country are quickly being transformed into concrete jungles, the rule of the jungle also appears to have taken over. It is probably this which prompted Thanaraj to suggest there are minor variations from approved plans. Thanaraj also complains of personal vendetta of petitioner and that the complaint is being masterminded in political interest.

“Whatever may be the case and even if extraterrestrials impelled the complaint being made in courts, once it is evident that there is unauthorised construction, the law must take over,” observed the judges. They observed that the law must prevail and its enforcement should be strict. It is for the enforcement agency that should act in accordance with the letter and spirit of law as encouraged by the present order.

Hence the judges directed the Tuticorin corporation commissioner to take immediate aggressive steps to remove the unauthorised construction and deal with the same in accordance with law. The judges also said that Thanaraj should be heard and reasonable opportunity given to him before the demolition work is commenced.


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Written by Realty Beat

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