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6. The petitioner filed an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act before the Government. The Government also considered the issues on merits and passed a speaking order rejecting the appeal vide letter dated 13.02.2020. The said rejection order states that it is multi-storeyed commercial building with large scale deviation/violation with unauthorized and deviated construction of basement floor plus ground floor plus eight floors plus ninth floor (part) an tenth floor (part) commercial building at Old No.61, New No.34, Sir Theyagaraya Road, Pondy Bazar, T.Nagar, Chennai and there is a dispute between the owner M/s Janpriya Builders (petitioner) and tenant ____________ https://www.mhc.tn.gov.in/judis Thiru.N.Bava, Proprietor of M/s Hot & Cold (Chips & Chats), Chennai. The Government after considering the appeal filed by the petitioner and the said Bava, rejected both the appeals. Pertinently, the said Government letter dated 13.02.2020 also remains unchallenged. However, the learned counsel for petitioner submitted that since there is no enforcement action pointing to the unauthorized construction made by the petitioner in the said order, it was not challenged.

“4. This Court by order dated 14.06.2023 specifically directed the CMDA to file counter affidavit and also status report before this Court. Today the learned standing ____________ https://www.mhc.tn.gov.in/judis counsel appearing for the CMDA has filed a status report before this Court, wherein it is stated that a locking and sealing and demolition cum de-occupation notice dated 04.07.2019 was issued to the deviated portion of the entire building including the shed put up by the 4th respondent, and requested to restore the building as per the approval plan by giving 30 days time and subsequently, the unauthorised constructed portion of buildings were locked and sealed on 24.10.2019.”

92. Needless to state that the authorities hereinafter shall strictly comply with the aforesaid directions issued by us.

93. It will also be informed that violation of any of the directions would lead to initiation of contempt proceedings in addition to the prosecution. ____________ https://www.mhc.tn.gov.in/judis

94. The officials should also be informed that if the demolition is found to be in violation of the orders of this Court, the officer/officers concerned will be held responsible for restitution of the demolished property at his/their personal cost in addition to payment of damages.” “20. In the ultimate analysis, we are of the opinion that construction(s) put up in violation of or deviation from the building plan approved by the local authority and the constructions which are audaciously put up without any building planning approval, cannot be encouraged. Each and every construction must be made scrupulously following and strictly adhering to the Rules. In the event of any violation being brought to the notice of the Courts, it has to be curtailed with iron hands and any lenience afforded to them would amount to showing misplaced sympathy. Delay in directing rectification of illegalities, administrative failure, regulatory inefficiency, cost of construction and investment, negligence and laxity on the part of the authorities concerned in performing their obligation(s) under the Act, cannot be used as a shield to defend action taken against the illegal/unauthorized constructions. That apart, the State Governments often seek to enrich themselves through the process of regularisation by condoning/ratifying the violations and illegalities. The State is unmindful that this gain is insignificant compared to the long-term damage it causes to the orderly urban development and irreversible adverse impact on the environment. Hence, regularization schemes must be brought out only in exceptional circumstances and as a onetime measure for residential houses after a detailed survey and considering the nature of land, fertility, usage, impact on the environment, availability and distribution of resources, proximity ____________ https://www.mhc.tn.gov.in/judis to water bodies/rivers and larger public interest. Unauthorised constructions, apart from posing a threat to the life of the occupants and the citizens living nearby, also have an effect on resources like electricity, ground water and access to roads, which are primarily designed to be made available in orderly development and authorized activities. Master plan or the zonal development cannot be just individual centric but also must be devised keeping in mind the larger interest of the public and the environment. Unless the administration is streamlined and the persons entrusted with the implementation of the act are held accountable for their failure in performing statutory obligations, violations of this nature would go unchecked and become more rampant. If the officials are let scot-free, they will be emboldened and would continue to turn a nelson’s eye to all the illegalities resulting in derailment of all planned projects and pollution, disorderly traffic, security risks, etc.”

(ii) The builder/developer/owner shall cause to be displayed at the construction site, a copy of the approved plan during the entire period of construction and the 32 authorities concerned shall inspect the premises periodically and maintain a record of such inspection in their official records.

(iii) Upon conducting personal inspection and being satisfied that the building is constructed in accordance with the building planning permission given and there is no deviation in such construction in any manner, the completion/occupation certificate in respect of residential / commercial building, be issued by the authority concerned to the parties concerned, without causing undue delay. If any deviation is noticed, action must be taken in accordance with the Act and the process of issuance of completion/occupation certificate should be deferred, unless and until the deviations pointed out are completely rectified.