Madras High Court (Madurai Bench) Dismisses Plea for Building Approval After Construction

The Madras High Court’s Madurai Bench recently delivered a crucial ruling that reiterates the importance of obtaining building plan approval before commencing construction. A Division Bench of Justices S.M. Subramaniam and A.D. Maria Clete dismissed a petition filed by P. Mohan of Dindigul district, who had constructed a building without prior approval and later sought regularisation.

The court made it clear that such post-construction applications are impermissible under the law. Authorities argued that they had no jurisdiction to grant approval after a structure was already built, a stand that the Bench upheld. The judges observed that the power to regularise unauthorised buildings should not be treated as routine. Instead, it is to be exercised only in exceptional cases where genuine justification exists.

The Bench referred to the Supreme Court’s repeated stance that illegal and unauthorised constructions cannot be retained and must be demolished by following due legal procedures. “Building plan approval after completion of construction is not contemplated under the statutes,” the court emphasised.

The judgment further noted that filing petitions one after another, citing untenable grounds, cannot be used as a tactic to delay enforcement actions taken by authorities. Such practices, the court said, go against the principles of planned urban development and rule of law.

This ruling serves as a stern reminder to the public and builders that unauthorised constructions will not be tolerated. The court’s emphasis on statutory compliance highlights the larger issue of unregulated urbanisation in Tamil Nadu and beyond. For homebuilders, the message is clear: approvals must be sought in advance, and shortcuts will not be condoned.

By dismissing the petition, the Madurai Bench has once again reinforced the judiciary’s commitment to ensuring that urban planning norms are respected, thereby safeguarding both public interest and the rule of law.