New regularisation scheme only for violation-free buildings, layouts: Madras HC

Justice Vaidyanathan, while disposing a batch of writ petitions seeking a direction to Housing and Urban Development Department and Chennai Metropolitan Development Authority (CMDA) to consider regularisation of their lands by taking the date of execution after registration, as the date of documents, said, “If there are no setbacks and if there is violation with regard to the construction, the request of the applicants has got to be rejected. As there should be lung space, the Open Space Reserve (OSR) and set-backs cannot be regularised or used for a different purpose.”

Also holding that the party seeking an order under Section 80-A or section 113-C of TNCPA, needs to file an affidavit/statement to the effect that the building in constructed in accordance with the plan and there are set-backs provided as per the plan, the judge, in his order, said, “If the averment is false based on record or on inspection, the person is deemed to have approached the authority with unclean hands and no indulgence shall be shown to him.” 

Justice Vaidyanathan also noted it is open for the authorities concerned to go and inspect the sites in question and take photographs and videographs to safeguard their interest.

As per the plea, the petitioners wanted the court to quash a government order issued by the Housing and Urban Development dated February 9, 2005 fixing a cut-off date for regularisation of plots as March 31, 2002, as illegal and unconstitutional.

Countering this, CMDA had submitted that even though such contention of the petitioners might not be correct, in view of introduction of section 113-C in the Tamil Nadu Town and Country Planning Act, a new scheme has been formed, under which the petitioners can apply before the authority concerned seeking regularisation of their lands.

The CMDA further submitted that such regularisation will be applicable, provided there is original plan and the same is applicable only to the lands.

Recording the submission, Justice Vaidyanathan also held, “This court makes it clear that depending upon the outcome of the regularisation issue that has been filed by advocate VBR Menon which is pending before a division bench of this court, the case of the petitioners may be considered expeditiously, preferably within one month from the date of disposal of the issue that is pending before the division bench as on date.”