High Court only directed govt. to notify rules

 

Dennis S. Jesudasan

order suggests action was to follow notification

Even as Urban Development and Housing Minister Udumalai K. Radhakrishnan cited an order of the Madras High Court for not having taken action against Chennai Silks building for violation, a perusal of the order suggests that the High Court had only directed the government to notify the relevant rules within two months and act against violators as per the provisions of law.

Procedure

While addressing a press meet here on Thursday, the Urban Development and Housing Minister referred to the Madras High Court delivered on February 20 this year and said Chennai Silks was one of the respondents in the case and the High Court had directed to take action against them only after notifying the rules.

He said, “Only because of the order of the Madras High Court, action against Chennai Silks was postponed.”

However, the High Court order had only directed the Housing Secretary to notify the rules and guidelines for implementing Section 113-C Town and Country Planning Act, 1971 within two months (April this year) and take action against violating buildings thereafter.

During the hearing of a petition filed by Kannan Balachandran, the Housing Secretary took an undertaking that the rules and guidelines for effective implementation of Section 113-C of the said Act would be notified within two months.

The then Acting Chief Justice Huluvadi G. Ramesh and Justice R. Mahadevan had said: “The respondent/authorities shall remain bound by the said undertaking [to notify rules within two months i.e. April, 2017]. We make it clear that subsequent to the notification of rules and guidelines, the respondent/authorities shall proceed in accordance with law against the unauthorized constructions alleged to have put up by the private respondents in accordance with law.”

Actual position

Contrary to the claim of the Minister that the case was “pending” before the High Court, the case was disposed of on February 20 this year.

The petitioner in the case sought a direction against the Chennai Metropolitan Development Authority (CMDA) and the Corporation of Chennai to demolish the unauthorised construction put up by the private respondents, including Chennai Silks, in gross violation of the planning permission and other relevant provisions of the law.

“Only because of the order of court, action against Chennai Silks was postponed

Udumalai K. Radhakrishnan

Housing Minister