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The Madras High Court has ordered that seven unauthorized floors of a commercial complex in Pondy Bazar, Chennai, be demolished. A division bench rejected the builder's plea to regularize the illegal construction, saying that regularisation is not an absolute right but a one-time concession under special schemes. Previous instances, like the 2017 Madras High Court raid on illegal buildings and the 2019 Delhi Supreme Court direction for demolitions, reflect a uniform judicial attitude towards unauthorised buildings. The ruling stresses the necessity to follow planning legislations and detests the abuse of government schemes of regularisation.
The Madras High Court has ordered the demolition of seven illegal floors of a commercial complex in Pondy Bazar, Chennai. The developer had attempted to regularise the illegal building; however, the plea was rejected by a division bench headed by Justice S M Subramaniam and Justice K Rajasekar. They highlighted that unauthorised building regularisation cannot be an absolute right. Advertisement
The bench referred to regularisation as a onetime concession allowed under special schemes. It established that the government is not committed to routinely granting unauthorised buildings exemptions by invoking exemptions within the Town and Country Planning Act.
Unauthorised construction has been a pending issue in Chennai and other metros in India too. In 2017, the Madras High Court had ordered the razing of some illegal buildings in the city, saying that uncontrolled development spoils the environment and upsets planned urban development. Likewise, in 2019, the Supreme Court of India was firm on unauthorised constructions in Delhi, directing the removal of illegal buildings and pointing out the burden they impose on infrastructure and planning mechanisms.
Moreover, the government's past special regularisation schemes have been commonly abused by developers to legalize encroachments. The courts have consistently clarified that such schemes are not intended to allow routine violations of planning regulations but rather to fill in specific legacy pockets. The Madras High Court's recent judgment reiterates the judiciary's continued stance against unauthorized constructions and the abuse of regularisation provisions.
The High Court ruling is a strong message on the necessity for conformity with city planning rules. By dismissing the plea of the builder, the court has reaffirmed its intention to deal with unauthorised structures and check their influence on infrastructure and urbanisation. With such verdicts previously as well such as actions taken in Chennai and Delhi the judiciary again stresses sustainable and legal development procedures. This judgement can lead to stricter implementations of planning regulations so that urbanisation in India is approached in a more regulated manner.
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