HC questions CMDA approval to a realty project

Chennai:

Madras High Court on Thursday questioned the approval given to a private builder to construct 13 storied residential flats which allegedly encroached upon Adyar River on the southern side abutting Maraimalai Adigalar Bridge in Saidapet on the side of Rajiv Gandhi Statue.

Summoning the Multi-Storey Building Committee of Chennai Metropolitan Development Authority to appear before the court, judges N Kirubakaran J and Krishnan Ramasamy J said that it is a million dollar question as to how approval was granted to private builder when there is no access to the property from Anna Salai or from any other side.

“The site is bound on the north by Adyar River, East by Dhobigana, West by a water channel and the land on the southern side belongs to Tamil nadu Highways department as such there is no arrangement to enter the premises from any side,” the court observed.

All the authorities who gave approval have been directed to appear before the court and file an affidavit giving details as to how they had given such approval in the absence of ingress and egress to the property.

“The CMDA as well as the Corporation of Chennai are directed to give the details of the buildings which have been constructed in the southern side of the Adyar River, next to the subject property including the names of the owners, so that this Court will suo motu implead them as party to the proceedings to decide whether they had encroached on the river bund or put up construction as per law,” the judges observed.

The judges also impleaded revenue secretary and the commissioner of revenue administration as Disaster Management Authority which is under the control of the Revenue Department has assessed the impact of the deluge. They have been asked to appear before the court on next hearing. The court also impleaded Ministry of Environment, Forest and Climate Change, Government of India.

The court also directed Engineer-in-chief (Water Resource Department) to file the rules and regulations or the statute which prescribes a minimum of 50m distance between a waterway and a building or the one which states that the minimum distance could vary from place to place.