Astounded by the inaction of officials against an illegal construction despite a judicial direction, the Madras High Court has said if action was not taken, the Member Secretary of the Chennai Metropolitan Development Authority (CMDA) should appear before it.
Two extra floors
When a plea seeking direction to the authorities concerned to take appropriate action against some private persons — who illegally constructed additional floors in a building in Choolai — came up for hearing, the CMDA’s counsel stated that two extra floors had been constructed.
He also noted that the review petition filed by the building owner was also dismissed on January 11.
“We are astounded that despite the legal process having gone against the private respondents, the second respondent (CMDA) has taken no action. Firstly, such unauthorised constructions are not permitted without a proper check. And despite a ruling against it, the second respondent takes no action,” the First Bench comprising Chief Justice S.K. Kaul and Justice R. Mahadevan observed.
The petitioner, in his plea, sought for a direction to authorities to take appropriate action against four persons against the illegally constructed floors of a building on Ashtabujam Road in Choolai without obtaining planning permission from the CMDA officials.
Three weeks granted
The Bench further granted three weeks to the CMDA to take action in accordance with law, failing which the Member Secretary was asked to present himself at court.
The case was listed for compliance on November 18.
If action is not taken, the Member Secretary of CMDA must appear before court, said the bench
