The Madras High Court today said the "astounding" number of cases of violations regarding illegal constructions shows complete failure of the system and people are engaged in constructions without any fear of consequences.
"The status of applications before CMDA for regularisation under section 113-A of Town and Country planning Act, 1971 shows that only two per cent of them have been accepted while 86 per cent have been rejected."
"This in turn would require a massive action, but the enforcement action has been comparatively sparse, thus, the violators have continued to have sway," the court said.
The matter relates to illegal constructions carried out in the George Town Area of Chennai City and the First Bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M Sundar, was referring to the report filed by Amicus Curiae Advocate Suresh.
Suresh stated in his report, "Though there are enforcement mechanisms in place for prevention of illegal constructions and procedures to make officials accountable for lapses in enforcement, they cannot be said to be effective. Therefore, the existing system needs to be looked at comprehensively to see if it can be made effective or if a new system needs to be evolved."
A PIL had been filed by Social Activist Traffic Ramaswamy seeking action against illegal constructions in George Town area, particularly Sowcarpet.
The amicus curiae further said from 1986 to 2005, in the 19-year period only 156 demolitions were carried out by CMDA in connection with illegal constructions which record an average of 8 to 9 buildings per year, while it grants plan approvals for an average of 500 to 600 buildings per year.
He further submitted that between 2009 to 2015 no unauthorised constructions were demolished.
"It can be said that the action taken was not commensurate to the problem at hand," he added.
The court directed the CMDA and the corporation to fill vacancies in the corporation and posted the matter for further hearing to January 23.
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