HC gives green signal to CMDA for demolishing Multi-speciality hospital building

Chennai:

A hospital building in Korattur is set to face demolition after Madras High Court rejected the petition challenging the notice sent by Chennai Metropolitan Development Authority which rejected planning permit and ordered the promoters of hospital to restore the land to its original position.

The order which was passed by Justice Satish K Agnihotri and Justice K K Sasidharan observed that the hospital promoters without obtaining planning permission constructed a hospital building.

“Moreover, without obtaining licence from the statutory authorities including fire department, an multi-speciality hospital in the illegally constructed building started functioning without knowing the stability of the building as well as its structural soundness,” the judges observed.

Hitting out at the Corporation officials for colluding with the petitioners, the court said even the Ambattur Municipal commissioner was also a party to this statutory violation on account of assignment of building without planning permission.

“It is a wonder as to how a hospital could be conducted in an illegal building without attracting the attention of the authorities,” the judges observed.

“The application submitted by the builder for regularization would not amount to stay of enforcement action. Therefore CMDA was perfectly correct in issuing the impugned notice,” the court observed.

The High court also stated that it is high time that the executive and political apparatus of the state take serious view of the menace of illegal and unauthorized construction and stop their lobbies of affluent class of builders and others, else even the rural areas of the country will soon witness similar chaotic conditions.

Stating there is a duty cast on the court to direct the statutory authorities to act in accordance with law, the court said that there is no stay as on today prohibiting CMDA from taking enforcement action. “We direct the Chennai Corporation, Fire Force department and Pollution Control Board to take immediate action in the matter in public interest,” the judges said.