CHENNAI: "Even God cannot save this country" if laws empowering the Government to regularise unauthorised constructions were upheld, the Madras High Court observed on Tuesday.

The First Bench, comprising Chief Justice A.P. Shah and Justice K. Chandru, hearing a batch of petitions relating to the regularisation scheme, also made it clear that all buildings constructed after 1999 in violation of relevant rules were per se illegal. None of the applications received after the last cut off date would be entertained, they said, adding, "that is our view, and we intend to hold so."

They also reiterated that they would not condone any infringement of any of the three key requirements — Floor Space Index (FSI), fire safety and car parking. "We will not allow condonation of any of them."

Reiterating that the legislation could not be "saved," the Judges also indicated that a Special Bench would be constituted to hear the huge batch of petitions, except the public interest litigation petitions challenging the regularisation scheme itself and related petitions from a textile showroom on Usman Road. The matter was then adjourned to August 24.

Monitoring Committee

The Bench then mooted a Monitoring Committee, which would be empowered to access all relevant files of the Chennai Metropolitan Development Authority (CMDA) and the Chennai Corporation. It said the issue of unauthorised constructions could be contained only by a "citizen's movement.

"Not just top-class citizens, everyone, including non-governmental organisations, must be part of it," it observed.

The Bench also frowned at Advocate-General R. Viduthalai when he said six places, identified for constructing a multi-level parking facility, included a park and a playground.

"How can the authorities deny citizens of these facilities while regularising buildings that had abused parking provision shown in their applications for building permission?" It also wondered as to under what provision of law did authorities accept applications for "revised plan" from building-owners even now.

Referring to the case of TCS Textiles Private Limited on South Usman Road in T. Nagar, the Bench said it had violated all building rules and wanted to know as to when the building would be demolished.

When R. Krishnamoorthy, senior counsel for the building-owner, sought to explain certain facts and file additional affidavits, the Bench said there was nothing more to argue. "The only question is when will you demolish the building?"

Senior advocate Sriram Panchu said that the unauthorised portion of the buildings could not be occupied. If they are already occupied, then the building-owner's application for regularisation cannot be maintained, he added.

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