Experts who have played a role in identifying illegal buildings in T. Nagar say the Chennai Metropolitan Development Authority has failed to implement initiatives suggested by a monitoring committee to prevent violations.
Tracing the history of litigation against building violations in T. Nagar, former member of the Monitoring Committee A. Srivatsan said the CMDA conducted a survey of 35 multi-storied buildings in T.Nagar based on a format prepared by experts. “In one case, they actually constructed nine floor space index (FSI). But the FSI allowed was 1.5. Despite CMDA being asked to take action, immediate attention was not given,” said Dr. Srivatsan.
‘No consultations held’
Another member of the committee, M.G. Devasahayam, said no consultations were held to get the issue resolved. The Madras High Court had passed an order in 2006, constituting a monitoring committee with 12 members, including six officials and six non-officials. The first meeting was held in December 2006.
“The concept of regularisation is wrong,” said Mr. Devasahayam. The government amended the Town and Country Planning Act, regularising illegal constructions completed before 1998. Section 113-A was introduced through the Tamil Nadu Town and Country Planning (Amendment) Act, 1998. The constitutional validity of Section 113-A was also upheld by the Supreme Court in Consumer Action Group vs State of Tamil Nadu as a one-time measure. Yet, by the Tamil Nadu Town and Country Planning (Amendment) Ordinance 7 of 2000, Section 113-A was further amended and all buildings constructed on or before August 31, 2000 were made eligible to be considered for such regularisation,” he explained.
The validity of amending the Acts was challenged as being ultra vires Articles 14 and 21 of the Constitution.
“At a meeting in 2007, the monitoring committee directed the CMDA and Corporation officials to carry out a survey of buildings. Though the initial batch of notices was issued in 2007, the CMDA had not issued notice to many of the big violators in T. Nagar,” said Mr. Devasahayam.
Pointing to the Justice Mohan Committee set up in 2007 to look into ways to improve the Town and Country Planning Act, Mr. Devasahayam said the committee gave powers to ‘lock and seal’ illegal buildings instead of demolition.
He said the recommendation of the High Court to take strict action against high-rise commercial buildings was not implemented because of the Ordinance in 2007 by the government to prohibit demolition. However, demolition notices were issued yet again in 2011.
In 2012, Tamil Nadu Guidelines under section 113-C of the Tamil Nadu Town and Country Planning Act, 1971 for the exemption of buildings and assessment and collection of amount for exemption, 2012 were notified. “All the while the government and CMDA were pro-violators,” said Mr. Devasahayam. “There is a clear and present danger. The District Magistrate should invoke provisions under the CrPC Sections 133 and 144 to shut down major violators,” he stressed.
