The Chennai Metropolitan Development Authority (CMDA) has drawn the
ire of the Madras High Court for the lack of an enforcement mechanism in
sealing an unauthorised building.

Pointing to the submission of
the CMDA that its officials could not seal an unauthorised building even
after receiving assistance from the police, the First Bench of Chief
Justice S.K. Kaul and Justice M. Sundar said, “The authorities want some
force to be sent by the court to help the CMDA to seal the premises,
showing a complete lack of enforcement mechanism.”

“We are of the
view that it is for the CMDA to ensure that the premises is re-sealed
with the assistance of the police force at the earliest and not to waste
the judicial time of the court by seeking the assistance of the court
in the endeavour,” the Bench added.

The
issue pertains to an unauthorised building in Angappa Naicken Street.
which was sealed by the CMDA under the directions of the court in
December 2014. The seal was subsequently released to enable the owners
of the building to rectify the deviations within a period of four
months. However, the owners failed to do so.

Stating
that its endeavour to reseal the building with the assistance of the
police had failed, the department approached the court, seeking the
initiation of contempt proceedings against the building’s owners.

However, noting that no case was made out for exercising the contempt jurisdiction, the Bench dismissed the plea.