Victims of encroachments can claim damages: Court
TIMES NEWS NETWORK
Chennai: Victims of unauthorised constructions not only have the right to get the illegal constructions razed, but can also claim damages suffered due to such structures, by attaching the violator’s properties, the Madras high court ruled.
A division bench of Justice M Venugopal and Justice S Vaidyanathan made the observation while hearing a plea moved by Golden Enclave Owners Association, Pammal. The petitioner wanted the court to direct the commissioner of Pammal municipality to demolish an unauthorised structure in the ground floor of their apartment complex.
According to the petitioner, the association’s members purchased the flats duly approved by the Pammal municipality on April 12, 2012. “There was a construction agreement dated June 28, 2012 in place and the construction of the building is in deviation of the sanctioned plan. The builder G D Constructions, have constructed an unauthorised superstructure of 400sqft on the north-eastern portion of the combined stilt consisting of a hall and a kitchen, which has affected the movement space in the parking area,” the association said.
The municipal commissioner filed an affidavit stating that the building in question was inspected and it was found that it had no set back space, there is unauthorised construction even in the stilt floor. A final order had been passed directing the builder to demolish the unauthorised construction, the official said. Recording the submissions, the bench directed the authorities to remove the deviation within 15 days from the date of receipt of a copy of this order.
“If there are any violations in other flats in the apartment, it is needless to mention that it is open for the authorities to issue notice to those persons so that they can rectify the defects pointed out by the authorities, failing which the same yardstick applicable to the builder, is also applicable to those violators including the petitioner.
The bench further added, “We are of the view that if any construction has been made in violation of the sanctioned plan and that there is loss to the residents it is open for them to collect even necessary charges for damage and other charges, if any, even by attachment of properties of G D Constructions.”
TIMES NEWS NETWORK
Chennai: Victims of unauthorised constructions not only have the right to get the illegal constructions razed, but can also claim damages suffered due to such structures, by attaching the violator’s properties, the Madras high court ruled.
A division bench of Justice M Venugopal and Justice S Vaidyanathan made the observation while hearing a plea moved by Golden Enclave Owners Association, Pammal. The petitioner wanted the court to direct the commissioner of Pammal municipality to demolish an unauthorised structure in the ground floor of their apartment complex.
According to the petitioner, the association’s members purchased the flats duly approved by the Pammal municipality on April 12, 2012. “There was a construction agreement dated June 28, 2012 in place and the construction of the building is in deviation of the sanctioned plan. The builder G D Constructions, have constructed an unauthorised superstructure of 400sqft on the north-eastern portion of the combined stilt consisting of a hall and a kitchen, which has affected the movement space in the parking area,” the association said.
The municipal commissioner filed an affidavit stating that the building in question was inspected and it was found that it had no set back space, there is unauthorised construction even in the stilt floor. A final order had been passed directing the builder to demolish the unauthorised construction, the official said. Recording the submissions, the bench directed the authorities to remove the deviation within 15 days from the date of receipt of a copy of this order.
“If there are any violations in other flats in the apartment, it is needless to mention that it is open for the authorities to issue notice to those persons so that they can rectify the defects pointed out by the authorities, failing which the same yardstick applicable to the builder, is also applicable to those violators including the petitioner.
The bench further added, “We are of the view that if any construction has been made in violation of the sanctioned plan and that there is loss to the residents it is open for them to collect even necessary charges for damage and other charges, if any, even by attachment of properties of G D Constructions.”
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