The Madras High Court has directed Member Secretary, Chennai Metropolitan Development Authority and Commissioner, Tambaram Municipality, to demolish the unauthorized structure of a 'Kalyanamandapam', as directed by the Supreme Court, within three days from date of receipt of the order.
A division bench, comprising Justice K.K. Sasidharan and Justice P.Devadass, said the process of demolition shall be supervised by both the officials in view of the violation of the order passed by the Supreme Court and directed them to file a compliance report on January 5.
The process of demolition shall commence within a three days from receipt of a copy of the order and conclude on or before December 31, the bench said.
The matter pertains to a private Kalyanamandapam being built illegally violating the planning permission.
The owner had first challenged the demolition notice issued by the Commissioner, Tambaram Municipality and it was dismissed. This was challenged in the apex court in which the owner gave an undertaking that it would be demolished by him on or before January 2015.
Recording the undertaking, the Supreme Court had directed the Commissioner to demolish the illegal construction in case of failure to do so by the owner and directed to collect Rs.1,00,000 from him towards the cost of demolition.
But without doing so, the owner started filing petitions before the High Court through the tenants who are shop owners in the premises seeking a direction to the local body to permit them to alter ground floor as per with sanctioned plan, which was not entertained.
They approached the Supreme Court again which directed CMDA to consider the applications submitted by the tenants for regularization of the ground floor shops as per law. These applications were rejected by CMDA on the ground that the scheme for regularization is not in operation.
Thereafter, the Commissioner issued notices directing the tenants to discontinue the occupation for purpose of taking enforcement action which was challenged by the tenants.
"The tenants and the owner of Kalyanamandapam are virtually flouting the orders passed by the Supreme Court by not demolishing the illegal structure. The builder has constructed 19 shops instead of five shops for which sanction was given. Regularization of the shops has nothing to do with the demolishing of Kalyanamandapam as indicated in the order passed by the Supreme Court," the court said.
"The owner of the Kalyanamandapam is bound to demolish
the illegal structure. The Municipality also kept the matter pending under pretext or the other," the bench said.
The bench directed the tenants, who are shop owners in the same building, to re-submit their applications for regularization of shops within seven days from the date of receipt of the order.
It also directed CMDA to consider their application pursuant to the direction of the Supreme Court within a period of 60 days from the date of receipt of their applications.
The bench, however, made it clear that consideration of application for regularization of shops has nothing to do with the demolition of the Kalyanamandapam which should be completed by December 31.
