Developer rents out illegal building after getting permission from HC to raze structure violating development regulations

C Shivakumar

Chennai:

Chennai Metropolitan Development Authority has vowed to reseal the building after a developer violated a High Court order by failing to bring down an unauthorized structure and renting out the premises to bank and other establishments.

The building at plot number 922 and 923 in Bazaar Road, Madipakkam Main Road in Ram Nagar extension in Madipakkam was sealed by Chennai Metropolitan Development Authority on November 2013 for constructing it in contravention of the approved plan.

Sources said the developer approached High Court on the pretext that it be de-sealed so that he can bring down the illegal structure. The High Court in its order allowed the developer to demolish the unauthorized structure but also issued a directive to CMDA to inspect the building and confirm whether the unauthorized structure is removed or not.

“In case the unauthorized structure is not removed within the given time, CMDA is permitted to initiate further action in accordance with law,” the High Court stated.

But far from removing the unauthorized structure in contravention of High Court order and Town and Country Planning Act, the developer rented out the premises to a bank.

Sources told Express that the developer had got approval for ordinary building with stilt plus two floors, including one floor dedicated to tailoring unit.

However, in contravention to the approved plan, he built an extra floor besides converting the building into a commercial one. Interestingly, he also amalgated both the plots into a single building without getting approval from CMDA. This resulted in CMDA issuing lock and seal notice and later sealing the building.

After the developer approached the court, CMDA desealed the building but on condition that the building shall not be occupied for any purpose till CMDA issues a letter.

But the builder neither took the permission of the High court or CMDA and occupied the building and rented out the premises to a bank and other establishment.

As per Town and Country Planning Act’s provision Section 56 (2), there cannot be any further construction activity or usage of the building after lock and seal notice is issued.

A CMDA official said CMDA is keeping a watch on every building that is desealed. “We are aware of it and will be resealing the building after the election code of conduct gets over,” said the official.

Sources feel that it is not only the developer who has violated the court order but even the bank which has rented the premises. “How can a bank turn a blind eye to the fact that the building was earlier sealed and was de-sealed by High court after the owner promised to bring down the structure. They should have checked the status with CMDA,” a source said.