Madras HC Cracks Down on Illegal Constructions

The Madras High Court, while ordering the demolition of an unauthorized marriage hall located in Adyar, has stressed that any unauthorized construction that comes up with the help of officers concerned would make the authorities responsible for putting people’s lives in danger in any way. The Court’s decision highlights the issue of unapproved buildings with the collusion of corrupt officials and those involved in illegal construction providing a nod to the fact that this is a source of money.

The bench, which included Justices SM Subramaniam and K Rajasekar, rejected a plea from one petitioner named KC Jayabalan challenging a demolition notice served upon him by the Chennai City Corporation. Jayabalan had contended that his marriage hall was constructed with all relevant permissions and that he had also paid the required amount for its approval. The Court disagreed and said that there was no provision for giving retrospective approval of a building plan once construction had already been performed.

The Court observed that urban areas, due to illegal constructions, are getting “concrete jungles” and peace-loving residents are suffering due to surrounding encroachment. It reiterated that illegalities threaten the Right to Life, which is a constitutional guarantee. The judges said that authorities who let these illegal activities carry on must be held personally accountable to help rein in this widespread problem.

The bench said that Jayabalan’s contention to the effect that payment of property tax and electricity charges would shield the building from demolition was “wrong to the core”. It emphasized the need to strictly adhere to building regulations to protect public safety. Such unauthorized constructions, said the Court, not only inconvenience the public but also agents of public order but more importantly, they pose a serious risk to the security and wellbeing.

The petitioner then was ordered in the ruling to demolish his marriage hall, obtain proper planning permission to build and then build back as per the law. Indeed, the Court’s ruling reflects the ongoing struggle against unlawful constructions and the essential responsibility of the authorities to preserve urban safety and order.