Corporation rapped for missing HC order in plan violation notice

A division bench comprising Justice M Venugopal and S Vaidyanathan, while hearing a batch of writ petitions pertaining to building plan violations in Uthandi said, “It is seen that the authority who issued the notice has completely ignored the orders of this court. When there is a specific direction by this court, it is the duty cast upon the authorities to mention about the pendency of the writ petition in the notice or by separate notice, to enable the parties to appear before this court, as the place is under CRZ.” On March 1, the Amicus Curiae T Mohan had submitted that lock and seal notice had been issued to some of the residents in 2016 itself, but no action has been initiated so far. 

While the bench made it clear that a report with regard to other villages has got to be produced by March 5, it had also held, “All the residents are directed to be informed by the Corporation of Chennai and other officials about the pendency of the present batch of writ petitions in the notice and if they are interested, they shall enter appearance in these matters.” 

“This court also makes it clear that the left-out residents, cannot at a later point of time, contend that they had no opportunity of being heard,” the bench added. 

But, when the case came up for hearing on March 5, the bench on realising that the notice issued to the said residents had failed to mention about the court order, said, “We make it clear that if the Commissioner, Corporation of Chennai, is not going to take appropriate action against the officials, who have issued the notice without reference to the order of this court..., appropriate action will be taken against the Commissioner, apart from asking him to appear before this court.”