Madras HC directs TN to demolish unauthorised construction in a gifted land

CHENNAI: The Madras High Court directed the State government to demolish the illegal construction and remove the encroachers from a land gifted in favour of Coonoor municipality.

Justice S M Subramaniam directed the district Collector, Nilgiris, the commissioner, Coonoor Municipality, the revenue Divisional Officer, Coonoor and the Tahsildar, Coonoor to remove the encroachments, illegal occupations and unauthorised constructions in the park area gifted in favour of Coonoor Municipality, within a period of four weeks.

The petitioners Kothari Industrial Corporation Limited and John Fred Vinil moved the Madras High Court (MHC) seeking to quash the Nilgiris collector order to demolish a building and to direct the Coonoor municipality to approve the building plan.

In 1984 Kothari Industrial Corporation Limited (KICL) submitted an application to the director of town and country planning, Chennai for approval of two layouts in coonoor which was also approved. In order to comply with the Tamil Nadu Town and Country Planning Act, 1971, KICL handed over land to construct road, park and playground by registered gift deed to Coonoor municipality.

Later in 2013 the KICL registered a sale deed of the gifted land in favour of John Fred Vinil. Subsequently, Fred Vinil executed a construction in the land which was objected by the Coonoor municipality and the district collector issued an order to demolish the building as it is constructed illegally.

However, KICL contended that the layout has been approved, but no document has been filed to show that the council of the local body has approved the said layout.

A plan of the proposed layout alone has been produced, which was a technical approval. Further it submitted that after execution of the gift deed, the layout was not approved by the council of the local body so the parties to the gift deed did not act upon the gift, said KICL. The Nilgiris collector did not take possession of the land which was gifted, the petitioner added.

The petitioner also stated that the patta for the impugned land was issued in favour of them and sought to approve the building plan and quash the demolition order.

After the perusal of the materials placed before the court, the judge rejected the petition and observed that the arguments as advanced by the petitioners are unacceptable, in view of the fact that layout was admittedly formed, housing plots were sold to third parties and residential buildings were constructed by forming roads and providing other common amenities.

Thus, any sale of the park area is illegal and fraudulent, wrote the judge. Further, the judge directed the Nilgiris collector to demolish the illegal constructions within four weeks, made in the park area or in any other common area and maintain the park for the benefit of the people of that locality.