The Madras High Court on Thursday said the State government must
attempt to remove illegal constructions and encroachments in public
places such as road, parks and Open Space Reserve area, instead of
regularising them.

“As observed by the Supreme Court in many
cases, the authorities cannot and shall not regularise the Open Space
Reserve and set-backs, as they are like lung spaces of the area, which
needs to be protected and restored,” a Bench comprising Justices M.
Venugopal and S. Vaidyanathan said.

The observations were made
while the court was disposing of a case relating to an unauthorised
construction of a shop, D.R. Super Market and Furniture in Red Hills.
The petitioners, D. Rajappa and R. Jayalakshmi, sought the removal of
lock and seal on their property so that they could apply for
regularisation.

The Bench said, “The petitioners having been
unsuccessful in several rounds of litigations and are trying to take
everyone for a ride, including this court, as could be seen from the
facts narrated below. This court will not perpetuate the illegality.”

The
judges said the authorities had found that the building had a number of
violations, even after providing a revised plan under the provisions of
the Tamil Nadu Town and Country Planning Act. “The petitioners were
heard and it was found that the entire building is in violation and that
earlier, the appellate authority rejected the appeal,” the Bench said.

The
petitioners initially approached a Division Bench, which dismissed the
writ petition and ordered the demolition of the unauthorised
construction in October 2006.

“The matter was taken to the Supreme
Court, which rejected the request of the present petitioners,” the
court said. Following this, the petitioners sought relief under a G.O.
of the Housing and Urban Development department in June 2017, for
regularisation. But, it said the petitioners “are not entitled to seek
indulgence of this court”.

The Bench also said “it is very
unfortunate that the Government being a party to a civil appeal, is
trying to give a go-by of the Supreme Court order” and directed the
authorities to immediately demolish the illegal building failing which
disciplinary action and penalty would be imposed.