C Shivakumar
Chennai:
The High Court appointed monitoring committee is caught in a ‘catch
22’ situation over its relevance and will be seeking clarification
from Madras High Court whether the regularization scheme of 1999 is
valid or whether the 2007 regularisation scheme under the new
amendment to Town and Country Planning Act passed in February 2013 is
applicable.
Talking to Express after a three hour deliberations by monitoring
committee, a monitoring committee source told Express that as per the
judgement of Madras High
court which laid the guidelines for regularization scheme of 1999, it
gave sanctity to monitoring committee.
Unfortunately, the new guidelines under the two new Government orders,
which was framed by the state government and later stuck down by
Madras High Court, never specified the role of monitoring committee.
“We are caught in a Catch 22 situation. It is a chaos like situation,”
the source said. It is learnt that the monitoring committee will be
submitting a report to the High Court in this regard as well as other
issues since it was created by High court in 2006.
Interestingly, Justice Rajeswaran committee appointed by the state
government is framing fresh guidelines to implement Section 113C which
calls for implementation of regularization scheme from 2007. “They
have to submit the revised guidelines within three months. Already a
month has passed,” sources said.
“This is one time scheme. Even Madras High court stuck down
regularization scheme for 2001, 2002 and 2003 while upholding the
validity of section 113A then what is the use of enforcement mechanism
or any building laws or town planning,” sources said.
Sources stated that the state government has never acted upon any
recommendation of monitoring committee except the one on streamlining
completion certificate.
“The streamlining of completion certificate has brought down building
violations but had they acted upon the recommendation of taking action
against the erring officials and builders responsible for violation
besides streamlining the planning process things would have been
better,” sources said
Sources said government has also not acted upon monitoring committee
recommendation to strengthen enforcement mechanism
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