Aadhaar link’ to end corrupt practices in building certificates: Madras High Court

By Express News Service  |   Published: 04th February 2018 02:13 AM  |  

Madras High Court (File | PTI)

CHENNAI: Observing that unless a liability is fixed on the government servants, it will be very difficult to curtail encroachments and unauthorised constructions, the Madras High Court has directed the authorities issuing building completion certificates to furnish a copy of their Aadhaar cards or any other valid identity card with the certificate so that they cannot escape from the clutches of law, in case they issue the certificates in violation of the sanctioned plan.

A division bench of Justices M Venugopal and S Vaidyanathan passed the order on a plea moved by Kiran Bai of Coimbatore to remove an illegal construction being put on the TVS Road, RS Puram, Coimbatore.
“It is disheartening to note that many buildings, including individual houses, apartments, and commercial complexes are constructed in violation of the sanctioned plan, without leaving proper setback and in several cases, knowing well that it is a public road and park, constructions are made.

The fact remains that only the owner of the building is at loss, when a building, which is not constructed in accordance with the plan, is ordered to be demolished, and the authorities, who issue completion certificate to such buildings, make hay while the sun shines. It is in collusion with the officials that these buildings are raised and on complaint, this court directs them to be razed. This court is of the view that unless a liability is fixed on the government servants, it will be very difficult to curtail encroachments,” the bench said.

To safeguard the interest of the public at large, the court issued a series of directions to be followed by the authorities issuing completion certificates, including producing a copy of their identity proof. The court also made it clear that no interim order or final order shall be passed by the subordinate courts in any petition, without ascertaining the fact from the local authorities concerned.

Insurance firm told to pay `50k cost

Chennai: The Madras High Court has imposed a cost of `50,000 on the Anna Salai branch of the United India Insurance Company for not reimbursing the medical bill incurred by a 72 year-old man, despite appropriate approvals. Justice T Raja imposed the cost on January 18 while allowing a writ petition from K P Ramalingam, who prayed for a directive to reimburse his medical bill amount under the pensioners New Health Insurance Scheme for `1.44 lakh with accrued interest at 9 per cent per annum in pursuance to his earlier representations.

The amount shall be paid to the petitioner along with the reimbursement amount of `1,43,709, within four weeks, the judge said. At this juncture, the insurance firm counsel requested the judge not to impose the cost as it would demoralise the name of his client company. The judge said that he is not inclined to accept the submission, for, if the cost is not imposed, the same would amount to justification of the wrong done by the firm.

Metro Water told to remove bushes

Chennai: The Madras High Court has directed the Chennai Metro Water Supply and Sewerage Board (CMWS&SB) to remove the unwanted trees and bushes on the Thiru-Vi-Ka bridge connecting Adyar with RA Puram, within two months.

The bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose gave the directive while disposing of a PIL petition from advocate  N Elumalai on January 17. It is the case of the petitioner that water pipelines are running on the bridge, which has not been properly maintained due to which many unwanted trees and bushes have grown, causing danger to the pipes.

The attention of the bench was drawn to a letter from the Executive Engineer, Greater Chennai Corporation to the chief engineer (O&M) of the CMWS&SB, wherein it is stated that the trees and bushes are posing a danger to the life of the bridge and if their growth is not removed, the bridge will get weakened and in the event of the bridge collapsing, the water pipelines will also get damaged.

PWD told to regularise 47 contract workers

Chennai: The State PWD has been directed to regularise services of 47 contract workers, who had put in more than 10 years service as in 2006. Justice T Raja gave the directive while allowing a batch of writ petitions from E Kemburaji and others.

The petitioners were engaged on contract basis for supply of 6.5 million gallons of water to be used for power production at the Kalpakkam Atomic Energy station as their lands were to be used for extraction of water. After listening to the submissions of the counsel for petitioner and authorities and after perusing records, the judge found that the GO dated June 27, 2013, was unconstitutional and it only sought to introduce a naked discrimination in the matter of treatment of identically placed employees.

Refusal to prevent use of earthmovers

Chennai: The HC has refused to restrain the authorities concerned in Villupuram district from deploying earthmovers for strengthening works of Karumanthangal tank in Kannalam. There does not appear to be any specific bar in law on deploying earthmovers for carrying on the work of improvement of a tank. In any case, this court, exercising its jurisdiction under Article 226 of the Constitution, does not sit in appeal over every administrative decision of the authorities. 

In the absence of any patent illegality in the decision-making process, the court does not intervene, the first bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose said. The bench dismissed on January 17 last a PIL petition from V Kanniappan, a local agriculturist who opposed the use of earthmovers, saying that they had badly affected the job opportunities of the poor agriculturists.

‘Repair school near Villupuram’

Chennai: The first bench of the HC has directed the authorities to carry out repair works at a government middle school in Semmedu within two months. The bench of Chief Justice Indira Banerjee and Justice Abdul Quddhose gave the directive on January 17 last while disposing of a writ petition from the Thiruvalluvar Educational and Service Trust, by its authorised signatory P Arivoli praying for a direction to act on his representation dated December 11, 2017 for demolition and re-construction of the compound wall and building. According to the petitioner, the building was posing a serious threat to students. The bench observed that there can be no doubt schools should be maintained in a safe water-proof and wind-tight condition. School buildings ought not to be left in such a condition as they pose a risk to the students, who attend the classes.