HC imposes Rs 10,000 on CMDA for inaction on illegal structure

: A day after it issued a contempt notice to the Member Secretary, Chennai Metropolitan Development Authority, the Madras High Court today imposed a cost of Rs 10,000 on the civic body on a PIL, alleging inaction over an unauthorised construction in the city.

When the PIL by one S Narayanan of Peerkangaranai here came up today, the Court directed the Member Secretary, CMDA, to hold a departmental enquiry to fix responsibility and file a report in this regard.

It also imposed a cost of Rs 10,000 on it and posted the matter for further compliance on November 25.

The Court said "It appears that unless they are egged on by complaints or Judicial orders, they seem not to work. This position is unacceptable. It is not as if when the petitioner makes a complaint or this court passes an order should action be taken," it observed.
 

The matter relates to the petitioner seeking a direction to CMDA and the Commissioner, Corporation of Chennai, to demolish illegal structures constructed by a ward councillor in Peerkankaranai town panchayat.

The petitioner submitted that the councilor had applied for regularization of a commercial-cum-residential building, which was rejected by the local body.

Subsequently, on a complaint from the petitioner, CMDA had also issued lock and seal as well as demolition notice to the councillor in 2014.

Besides, the councillor's application for planning permission was also returned by CMDA and de-occupation notice was served.

Despite repeated letters to CMDA and Corporation authorities, no action was taken, prompting the petitioner to move court.

Taking a serious view of the failure of authorities to take action, the Court said, "We consider this a complete abdication of statutory duties by the concerned authorities and we direct the Member Secretary of CMDA to hold a departmental enquiry to fix responsibility and to file a report before us in respect thereof."

"For compelling the petitioner and not leaving any option but for him to approach the Court for complete inaction as also wastage of Judicial time, we burden the CMDA with costs of Rs 10,000 half of it will be paid to the petitioner and the remaining half deposited with the Tamil Nadu Mediation and conciliation Centre, Madras High Court Campus, within two weeks from today, which be recovered from the delinquent officer," it said.