Monday, June 29, 2015

Legal luminaries slam new regularisation scheme

Chennai:
As the state government is seeking Madras High Court sanction to new
regularisation scheme to legalise illegal buildings built till 2007, a
section of legal fraternity including a sitting judge and a retired
judge have opposed it stating that the scheme is a one-time measure
and should not be replicated.

 Speaking at a function to release the book ‘External And Ever Growing
Problem of Encroachments’, Justice D Hariparanthamam said that the
1999 regularisation scheme is a one-time measure by Supreme Court by
fixing a cut off date.

“It can’t keep on changing,” said the judge. He also highlighted the
Kumbakonam fire tragedy and said that one doesn’t want this to happen
at Ranganathan Street in T Nagar which could result in huge loss of
life.

The judge also highlighted that the biggest encroacher is the
government and highlighted how the lakes are converted into housing
schemes. “Even the Madas High court was built in a water body,” said
the judge.

He also highlighted how Pallikaranai marshland has been reduced to 400
acres from a 4,000 acre due to encroachment.

Former High Court judge S Jagadeesan, who authored the book, hit out
at the officials for failing to follow the court orders. Urging to the
courts to deal with contempt petitions as soon as possible, the former
judge blamed officials squarely for the encroachments. “Eviction made
under court order should stand forever,” the judge said.

He also said that officials have now become the selling agencies of
government properties for encroachers. He also highlighted how the
traffic police has failed in its duty to ensure the pavements don’t
get encroached. He also said that the regularisation scheme is a one
time measure and can’t be given now and again.

Talking about the book, Jagadeesan said that the book was conceived in
2012 but was later abandoned in 2013 owing to some delay. “But as the
High Court has to pass orders for removal of encroachments even today,
I revived the idea of publishing it for whatever it is worth,” said
Jagadessan.

The purpose of this book is to bring awareness to the public that the
court’s ordersare to be obeyed and the court’s directions must always
be carried out fully and promptly. Recurrence of offences cannot be an
excuse for the officials. It is their duty to see that the court’s
orders are in force forever,”said the former judge.

Former Supreme Court judge A R Lakshmanan, Madras High Court judge B
Rajendran and other legal luminaries also spoke on the occasion.

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