The Hindu 24.12.2013
Collector directs officials to demolish two floors of building
District Collector Archana Patnaik has directed
officials of the Coimbatore Local Planning Authority (LPA) to demolish
second and third floors of Vigneshwar Cresta, a commercial building on
Avanashi Road where a fire on April 25 this year killed four women.
The
decision was taken following an order by the Madras High Court, while
disposing of two writ petitions and one revision petition by the
building owner challenging the notice and actions of the LPA. After the
fire, the district administration began demolition of the building,
especially the second and third floors that were constructed without
building plan approval. The demolition was suspended after the building
owner moved the court.
While the court said in its
order that it would not interfere in the demolition of the second and
third floor that were constructed without permission, it, however, gave
the petitioner two weeks time to file an appeal with the second
respondent (Member Secretary of Coimbatore Local Planning Authority)
with regard to the ground and first floor “which have been put up in
consonance with the building plan”.
The petitioner
had contended that the orders of the administration dated May 23, 2013
for demolishing the building was against the principles of natural
justice as the order was passed even before the expiry of the notice
period i.e., May 24, 2013, without giving the petitioner a chance to
present his case.
Classified
And,
the respondent clarified that the building was classified as an
industrial building and the promoter had converted it into a commercial
building, there was no fire safety provision and the second and third
floors were constructed without permission. Further, damages because of
the fire had put the stability of the building in question. The
respondent prayed that the court shall not exercise its discretion in
favour of the petitioner under Article 226 of the Constitution.
However,
the Judge said that the question for consideration was regarding the
ground and first floors in consonance with the building plan. The court
said that the impugned order is set aside in part.
With
regard to other buildings that were sealed following the fire at
Vigneshwar Cresta, the Collector said over 50 buildings were sealed in
Coimbatore for deviations and violations. The owners of some of the
buildings had taken legal recourse and based on the direction of the
court, the seal was removed for some buildings.