Don’t regularise buildings with demolished portions, says HC

Passing orders on a contempt petition, a division bench comprising Justice M Venugopal and Justice S Vaidyanathan said the authorities need not consider any application, said to be pending under Section 113 C of the Tamil Nadu Town and Country Planning Act, 1971, where regularisation does not arise as the portions built in violation has been demolished.

“In order to maintain a legal construction, allowing an encroacher to file an application under Section 113-C of the Act is highly deprecated,” the bench said. It also noted that a scrutiny of the Government Orders 110 and 111, dated June 22, 2017, giving exemption in development of certain buildings to regularise illegal constructions for the benefit of the exchequer and for their vested interest, would not sub-serve its purpose.

“The intention to provide setback space in a building must be to ensure that in case of fire or any emergency, the ambulance or any other rescue vehicle should easily pass through the passage as to safeguard the affected persons and such stipulation is absent in Government Orders,” the bench pointed out. 

As per the case, the petitioner had an approved plan of the years 2001 and 2004. There was a construction in violation of the plans, for which regularisation plan has been sought under Section 113 C. The structures that were in violation of the approved plan were removed after the orders of the High Court. 

This according to the petitioner, have been maintained without any orders and sanction plan and that

the fresh plan was rejected.

However, the bench on holding that though the building has been brought in accordance with 2001 and 2004 plans, said “It is needless to mention that it is open to the petitioner to seek for demolition and reconstruction of the building and with the existing plans of the years 2001 and 2004, they cannot seek any modification and construction of special building.”