The practice of putting up illegal construction and subsequently seeking regularisation or rectification should not be encouraged as it would give a wrong impression that a building can be unauthorisedly constructed and later defects could be rectified, observed the Madurai Bench of the Madras High Court while directing the authorities to take steps to demolish an unauthorised building in Dindigul.
A Division Bench of Justices R. Mahadevan and J. Sathya Narayana Prasad observed that if it is shown that an unauthorised construction has been put up, it should be ordered to be demolished thereby sending a strong warning signal to those who commit such offences. In most cases, buildings are not constructed as per the building plan permission. The building norms are flouted defeating the concept of planned development.
The court was hearing the petition filed by P. Kumar of Dindigul who sought a direction to the authorities to remove an unauthorised construction in Anna Nagar in Dindigul. He said that the unauthorised construction had encroached upon a 40 feet road maintained by the Dindigul corporation. However, no action was taken by the authorities, he complained.
Unless there is strict enforcement with respect to building norms by identifying unauthorised construction or deviation at the earliest, before the beneficiaries or owners of the building take possession, it would be difficult for the courts to issue directives against the parties, who purchase the same for valuable consideration through bank loans, without the knowledge of the deviations in the construction of the building, the court observed.
The court took note of the advocate commissioner’s report that stated that the building had been put up by obstructing the road. The court directed the authorities to take appropriate steps to demolish the unauthorised building within two weeks. It was open to the authorities to seek police protection, if necessary, to carry out the demolition work, the court said and disposed of the petition.
