Decks have been cleared for the Chennai Metropolitan Development Authority (CMDA) to proceed with either the regularisation or demolition of unauthorised construction, including the 147 high-rise commercial buildings, which were identified for building rule violations.
Action on unauthorised constructions completed before July 27, 2007 was stopped after the Supreme Court ordered status quo in December 2007. As a result, the Monitoring Committee constituted by the Madras High Court to look into unauthorised constructions and regularisation applications have not passed orders in this regard. The CMDA could take action only on unauthorised buildings built after July 2007. After almost three years, on March 15, the Supreme Court vacated the status quo order granted earlier.
“We are studying the court order and have sought legal opinion. After we receive the report we would take appropriate action,” said Susan Mathew, Vice-Chairperson, CMDA. In 2006, the Madras High Court struck down various schemes introduced by the government to regularize unauthorised construction and upheld only the scheme that was announced in 1999. This meant that unauthorised buildings completed before February 28, 1999 alone qualified for regularisation. As a result, about 25,000 applications of the 65,529 submitted for regularisation were rejected.
The High Court also suggested that less stringent measures be taken on residential buildings and action on high-rise commercial buildings prioirtised. A monitoring committee was constituted to look into the regularisation applications, among other things.
In 2007, the government of Tamil Nadu promulgated an ordinance to impose a one-year moratorium on demolition of all types of unauthorised constructions, numbering over 37000, including 147 high-rise commercial complexes completed before July 27, 2007. This was quashed by the Madras High Court and the government filed a special leave petition in the Supreme Court challenging the High Court order. Meanwhile, the government has been issuing fresh ordinance every year to extend the moratorium. The current ordinance will expire in July 2011.
