HC directs garment retailer to demolish unauthorised portions

The Madras High Court has directed a readymade garment retailer to demolish unauthorized portions of its building at Pallavaram here within a week.

The direction was given yesterday.

"The conduct of the petitioner in the present case deserves to be noticed.He knew it fully well what was the permissible construction as per the sanctioned building plans and yet he not only constructed additional built-up area on the ground and first floors but also added additional second and third floors on the building apart from the basement, which are totally unauthorised," the court said.

"Probably he was under the impression that he would be able to either escape the clutches of the law or twist the arm of the law by some manipulation. This impression must prove to be wrong," the court said in its order yesterday, directing the petitioner, Aara Silk, to raze the unauthorized portions.
 

The petitioner had filed a petition seeking a direction to Chief Executive Officer, Cantonment Board, St Thomas Mount, Chennai, to forbear from either sealing, removing, damaging or demolishing any portion of the building situated at No.8/42 & 8/42-A, B - Ranganatha Mudali Street, C.Pallavaram, pending disposal of an appeal filed by them before Principal Director, Southern Command, Pune, Maharashtra.

"The petitioner having clandestinely constructed the building and played fraud cannot be shown any indulgence. Further, the case of the petitioner that he has not been given any opportunity is also totally incorrect and it is a misleading and self-serving statement."

Rejecting the contention to fix a timeframe for the disposal of the appeal filed by the petitioner, the court said "Even Section 340(3) of the Cantonment Act is very clear that no appeal shall be admitted, if it is made after the expiry of the period specified in the V Schedule."

"In terms of the provisions of the Cantonment Act, police shall give full protection for the demolition of the building..."

The court also imposed a fine of Rs.50,000 on the petitioner for "grossly violating the sanctioned plan" and directed that the amount be paid to Government Higher Secondary School for the Blind, Poonamallee, Chennai within a period of one week from the date of receipt of a copy of the order.