After reversal of legal fortunes, CMDA to engage private advocate

List of 31 officials for inaction on illegal buildings is inadequate as only CMDA is singled out
Erring officials of corporation, panchayats and municipalities wriggle out

C Shivakumar

Chennai:

Chennai Metropolitan Development Authority is planning to replace the advocate general with a senior advocate to fight its case on illegal constructions following reversal of fortunes in the High Court where 31 of its officials were impleaded for inaction.

Sources said the court order highlighted the failure of the advocate general who was unable to fully involve and devote time for the case.

“He is engaged in number of important government cases as such he is unable to fully involve and devote time for the CMDA case,” sources said.

Meanwhile, a name of a senior advocate has been proposed by the CMDA to the housing and urban development secretary and vice-chairman of CMDA.

Sources say senior advocate A L Somayajulu is likely to appear on behalf of CMDA to defend the department for three public interest litigation cases in future hearings.

Meanwhile, sources say the list of 31 officials submitted to the court for inaction is diluted. The list includes only those officials who were serving from 2006-2010.

Sources reasoned that the list does not take into account those officials who failed to act after lock and seal act came into prominence in December 2008.

Interestingly, as per the monitoring committee findings nearly 5,000 buildings were identified to be demolished. But surprisingly only less than 100 buildings were identified for lock and seal. “Are they not responsible for inaction,” a source reasoned.

Sources also said that while the High Court regularized buildings till 1999, it did not give its assent to the illegal constructions from 1999-2006. “The then officials, many of whom may have now retired, also do not figure in the list of 31,” sources reasoned.

The list also do not have the name of erring professional builders of illegal multi-storied and special buildings as directed by the court in August 23, 2006 besides the names of erring officials in corporation, municipalities and panchayats, who are equally at fault for inaction against the illegal constructions.

List of unauthorized/ deviated construction made after July 27, 2007

CMDA

Buildings inspected      423

Stop work notices         423

Demolition notices        151

Sealing under contemplation: 172 

Already sealed:  34

Cases covered by litigation: 5

Chennai Corporation

Buildings inspected      4,156

Stop work notices         2,160

Demolition notices        431

Sealing under contemplation: 9 

Already sealed:  4

Cases covered by litigation: 50

Municipality

Buildings inspected      3,612

Stop work notices         3,406

Demolition notices        2,808

Sealing under contemplation: 7 

Already sealed:  17

Cases covered by litigation: 22

Town Panchayat

Buildings inspected      1,658

Stop work notices         1,132

Demolition notices        1,114

Sealing under contemplation: 0 

Already sealed:  0

Cases covered by litigation: 27

Panchayat Union

Buildings inspected      1,032

Stop work notices                6

Demolition notices              3

Sealing under contemplation: 0 

Already sealed:  1

Cases covered by litigation: 0

(For CMDA, Chennai Corporation and municipalities as of 12/7/2011, for other categories of local bodies as received on 30 April, 2010)