Sunday, December 30, 2018

Corporation office or corruption office, asks HC

CHENNAI, DECEMBER 30, 2018 00:00 IST



Slams officials for encroachments, illegal construction

“Encroachments and illegal constructions are spreading like cancer and no doubt, they cannot take place without the collusion of Greater Chennai Corporation officials and staff,” the Madras High Court said and doubted whether it was a “corporation office or a corruption office.”

A Division Bench of Justices S. Vaidyanathan and Krishnan Ramasamy made the observations when an old case in which they had ordered demolition of the unauthorised portion of a residential building at Mannady, was listed again for reporting compliance.

‘Expedite hearing’

The Bench expressed dissatisfaction over official action despite several orders that were passed by the court to immediately disconnect electricity and water connections to unauthorised portions of the buildings pending inquiry and to demolish the illegal constructions after completing the inquiry.

Since most of the times the action was delayed by citing statutory appeals pending before the Housing and Urban Development secretary under Section 80 of the Tamil Nadu Town and Country Planning Act of 1971, the judges directed the Housing secretary to expedite the hearing in all those appeals.

Suggesting that the government could appoint a team of honest officials to hear those appeals, the judges said that such officials should not be given any other administrative work and details of their properties should be uploaded on the government website and updated periodically.

On appeals related to buildings under the Chennai Metropolitan Development Authority (CMDA), the Housing secretary should hear the appeals personally by devoting afternoon sessions on two days a week, including every Saturday, the Division Bench said.

These meetings should be organised in such a way that no litigant suffered on account of his absence. If he is absent, the cost of travel incurred by the litigant should be borne by the concerned authority, payable from his personal funds, the Bench ordered.

Suppressing facts

When Additional Advocate General P.H. Arvindh Pandian brought it to the notice of the Bench that some violators obtain stay orders from other judges of the High Court by suppressing factual information, the Division Bench said: “Courts shall not come to the rescue of violators.”

The Bench also reiterated its earlier direction to dismiss from service the corporation staff who failed to inspect unauthorised constructions in the city.

It said that those officials should also be denied their terminal benefits by recording their dereliction of duty in service registers.

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