Madras HC order on encroachments dismissed

New Delhi, Nov 24: Declaring that the whole city of Chennai has become totally unsuitable for living due to flourishing illegal constructions and encroachments, the Supreme Court today dismissed a batch of petitions challenging Madras High Court judgement declaring Section 113 A of Tamil Nadu Town and Country Planning Act 1971 as unconstitutional.

A bench comprising Justices H K Sema and P K Balasubramanyan while dismissing the petition observed, "Let the people live in peace. Let this country survive. Let there be some discipline. You see the past and present, the whole city of Chennai is now unlivable because you allowed unauthorised constructions to flourish in violation of all building Laws. Where is the need for building Laws and where is the need for town planning?".

The state government had collected over Rs 800 crores from about 32,000 applicants as fees for regularisation of unauthorised constructions. Senior counsel for the state K Parasaran pointed out that the Court had earliar allowed the regularisation of unauthorised constructions in the city.

Justice Balasubramanyan retorted by saying, " It was only one time measure we cannot allow this to happen for all times to come." When senior counsel Vijay Hansaria argued that the Court was not allowing the counsel for the petitioners to open their mouth Justice Sema responded by saying " open your mouth." The petitioners included Chennai Metropoliton Development Authority and others.

With todays order the state goverment will have to refund Rs 800 crore collected by it earlier.

UNI