Amend Act on illegal constructions by hiking taxes five-fold: HC

The bench also warned that the authorities who failed to impose this penalty would risk fine and imprisonment, noting that extraordinary situation warranted extraordinary remedial measures.

A division bench comprising Justice M Venugopal and Justice S Vaidyanathan was passing orders on a contempt petition filed against officials for failing to act against a structure built in violation of the sanctioned plan in Avadi.

The court asked the government to amend the Tamil Nadu Town and Country Planning Act, District Municipalities Act and other enactments that deal with the matter to impose the fine, and added that the money collected in that way could be utilised by the government in the event of financial emergency. “Though no courts can legislate or amend any Act, suggesting for amendment of the Act can be extended to suit the present context and to make the law simpler.”

Also noting that till framing of such an amended Act, the government shall exercise this direction with effect from the second half of the accounting year 2019-2020 that is from October 2019, the bench said, “If anyone brings out the failure of the authorities in imposition of five times penalty on the defaulters, the court will initiate contempt for the wilful and deliberate disobedience of the order of this court and impose imprisonment other than fine as extraordinary situation warrants extraordinary remedial measures.” Further, on pointing out that quoting any pendency of litigation before any authority or court without any interim order would invite the wrath of this court, the bench added, “Of late, the litigants without scruples are endeavouring to indulge in forum shopping and they act in conjunction with officials concerned, who pass orders in such a nebulous and innocuous manner that they easily approach a court of law and obtain an interim order thereby deviating the purpose of removal of encroachment and illegal construction as the case may be.” The case has been posted to April 22 for further hearing.