School, temple, church, mosque, or hospital unauthorised construction is a violation: Madras HC

CHENNAI: Rejecting the arguments put forth by a private school in Kolathur, which is facing action for constructing additional floors without obtaining permission, the Madras High Court said whether it was a school, temple, church, mosque, or hospital, any unauthorised construction is a violation.

Showing any lenience would only lead to authorities trying to regularise illegal construction invoking the sympathy factor, added the division bench of Justices R Subramanian and C Kumarappan while dismissing the plea.

Kings Matriculation Higher Secondary School run by Baby Kings Educational and Charitable Trust moved the High Court with a writ petition after the Housing and Urban Development Department initiated action for constructing two additional floors though permission was obtained only for a building with ground and first floor for a primary school.

Noting that the construction done by the school was in violation of the sanctioned plan, the court said it did not find any merit in the plea. Responding to senior counsel V Raghavachari’s argument that the regularisation application was pending with the government, the bench said, “It has become the practice of the violators to construct in violation of the sanctioned plan and thereafter, claim that regularisation applications are pending.”

To Raghavachari’s contention that the government has done nothing to remove unauthorised structures in T Nagar, one of the busiest commercial areas in Chennai, the bench said it has to “acknowledge that the government has exhibited total inaction” to remove them. “This may be because the violators there are powerful and moneyed people. That by itself will not enable others to violate and put up construction,” it said.

Another reason that the school cited was that it was a school with 1,500 students. This contention to “invoke sympathy” did not cut ice with the bench. “Be it a school or church or mosque or temple or a hospital, violation has to be dealt with as a violation. There cannot be any sympathy factor in this. Such misplaced sympathy would only lead to the authorities attempting regularisation of illegal construction invoking the sympathy factor,” read the order penned by Justice Subramanian.

Even as it dismissed the petition, the court offered a minor reprieve for the school by extending “sympathy to a limited extent” and directed the Greater Chennai Corporation not to take any action till April 30, the end of the academic year.