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.
