Madras High Court Orders Demolition of Unauthorized Floors in T Nagar Building

The Madras High Court has ruled that unauthorized constructions must be demolished and that no leniency should be shown to violators. A division bench comprising Justices S M Subramaniam and K Rajasekar upheld the directives issued by the Supreme Court, stating they have become the law of the land and must be strictly followed by government agencies, including the Chennai Metropolitan Development Authority (CMDA) and the Greater Chennai Corporation (GCC).

The case involved Janpriya Builders, which constructed a commercial building in T Nagar, Chennai, violating its approved plan. Originally, the company received planning permission in 1990 for a basement, ground floor, mezzanine, and three floors. However, it illegally built eight full floors and partial ninth and tenth floors. The CMDA rejected the builder’s regularization applications in 2007 and 2014. A subsequent appeal under Section 80-A of the Town and Country Planning Act was also dismissed. Eventually, the CMDA issued a lock, seal, and demolition notice for unauthorized floors from the fourth to the tenth.

The court highlighted the large-scale involvement of CMDA, GCC, and other officials in permitting such illegalities, allowing builders to violate regulations with the expectation of escaping legal consequences. It emphasized that regularization should not be an escape route for violators. The Supreme Court had previously directed that an undertaking be obtained from builders stating that possession of a building would be granted only after obtaining a completion or occupancy certificate.

The bench ruled that the demolition of unauthorized portions must be carried out within eight weeks while retaining the approved sections of the building. It reiterated that authorities must take immediate action against illegal constructions and enforce the law without showing misplaced sympathy.