The Madras High Court on Wednesday ruled that real estate developers who have no concern for the law are not entitled to any relief from courts.
A Bench comprising Justices Satish K. Agnihotri and K.K. Sasidharan dismissed a writ petition filed by Sankranti Hotels, which was occupying a building constructed in deviation of the approved plan.
The Bench said, “The illegal construction is no more an affair between the developer and the planning authority. The unauthorised construction, without adherence to the regulations, would affect the planning development of the city. The mushrooming growth of illegal and unauthorised structures would cause an adverse impact on the ecology. This would also affect the overall development, besides sewerage and sanitation system of the city. The courts must be sensitive to such issues.”
Sankranti Hotels had entered into a lease agreement with T. Praveena in 2011 to conduct business in the building constructed on T.T.K Road, Alwarpet. The hotel completed the interior work and began work on modifying the interiors.
The Chennai Corporation then issued a notice informing Sankranti Hotels and Ms. Praveena that the building had been constructed in deviation of the approved plan, and the construction should stop.
Following this, Chennai Metropolitan Development Authority (CMDA) issued a notice of ‘Locking and Sealing and De-Occupation’ to the hotel in 2012. After filing an appeal before secretary, housing and urban development, Sankranti Hotels filed the present writ petition in the Madras High Court seeking a direction to consider and dispose the statutory appeal.
According to the CMDA, though permission was granted for construction of a residential building, Ms. Praveena had built a multi-storeyed commercial building. It then issued a notice directing the builder as well as the tenant to stop using the building.
Declining to grant any relief to the petitioner, the Bench said neither the builder nor the occupier was entitled to any kind of indulgence on account of the large scale violation and deviation.
Court dismissed writ petition filed by Sankranti Hotels that was occupying building found deviating from the approved plan