HC: Don’t regularise buildings with setback violations

It held that the Chennai Metropolitan Development Authority (CMDA), Corporation and Urban Development authorities found regularising setback violations should be taken to task and posted in a non-sensitive post. It has also observed that such setback regularisations ought to be recalled. 

A vacation division bench comprising Justice S Vaidyanathan and Justice R Subramanian, while pronouncing orders on a plea seeking to stall all further demolition of a house at Namachivayapuram in Chooliamedu, said, “The court has categorically held that the CMDA, Corporation of Chennai, Housing and Urban Development Department or such other authority cannot permit the regularisation of setback violations.” 

The bench, on directing the measurement of the said property and the four properties around it, said, “If it found that any building(s) had been constructed without the sanctioned plan or in violation of the sanctioned plan, suitable action shall be taken against the violators of the plan, irrespective of the fact as to whether any compliant has been lodged or not and the construction made in violation should be demolished.”

Also, dealing with a similar plea pertaining to a building at Madhavaram, the bench held, “If there are any setback regularisations the same will have to be recalled. If any setback regularisation is made, the officials responsible for the same have to be taken to task and they should not be allowed to continue in their respective posts, apart from initiating departmental action.”