The Times of India 05.01.2010
Blacklist builders flouting plan: HC
CHENNAI: The search for a mechanism to rein in builders and developers who churn out buildings in violation of sanctioned plans or raise unauthorised constructions, may end here.
If this suggestion of the Madras high court is implemented, unscrupulous builders and promoters, who flout development control rules, may have to either quit the trade or comply with the regulations. A division bench of Justices Prabha Sridevan and M Sathyanarayanan has said the government could withhold sanction for fresh projects of builders who face charges of unauthorised construction or deviation from sanctioned plan.
“Desperate situations require desperate measures,” the judges said, adding: “If sanction is refused on the ground of previous violation, these unscrupulous and careless buildings will be reined in and (will) toe the line. These irregular constructions will not come up. Only then, the living standards of this city can be maintained.” The judges also hoped that the Chennai Metropolitan Development Authority (CMDA) and the government would take necessary action. The Ambattur Municipality, which too was made a party to the proceedings, was represented by special government pleader I Paranthamen.
The matter relates to a PIL filed by R Vanaja, who alleged that a builder had put up a totally unauthorised construction at Golden Colony in Mogappair (West), and that the building enjoyed electricity as well as sewerage connection. With these facilities in place, the builder had transferred the property to a third party, she said. She wanted the building to be razed. Not denying the charges, the builder said the structure had no sanction plan and that his first plea for regularisation had already been rejected by the CMDA. His second application is pending, he said.
The bench, expressing concern at the “unchecked proliferation of deviated construction,” said: “We think that a time has come for the CMDA to consider whether some safeguards should be provided or should be introduced in the form of regulations, which will bring to the notice of the sanctioning authorities that the builder or the promoter who applies for sanction plan is already facing litigation for construction not in accordance with sanctioned plan. Then, approval shall not be given to such applicants. Some measures like this alone will discourage the persons who have no respect for adhering to the sanctioned plan, and who are motivated by greed and nothing else.”
The bench has adjourned the matter to February 2, for further proceedings.
As per the original Supreme Court order, only those buildings that were completed before the cut off date of February 28, 1999 were eligible for exemption from demolition. However, the state government issued three ordinances in 2000, 2001 and 2002, each time giving a one-year moratorium for the rogue buildings. Though the Madras high court struck down the ordinances in 2007, the apex court ordered status quo.
The government, in the meantime, came out with two more ordinances of similar nature, and the second ordinance is valid till July 2010.
