Demolish building in Neelankarai: Madras High Court

 

In 2012, Devaraji, Bank Manager, Indian Overseas Bank constructed ground and two floors on his plot no.448, Kapaleeshwarar Nagar, Neelankarai violating building regulation. He had obtained permission only for ground floor and first floor. The Chennai Corporation inspected site and issued ‘Locking and Sealing Notice’ in 2012. However, while challenging the notice Devaraji filed a writ petition.

 

In the petition, he admitted the unauthorised construction and said he would demolish it if the lock and sealing notice was removed. Accepting his undertaking, the Madras high court passed an order on December 21, 2012 directing the Corporation to remove the lock and seal notice and permit the owner to demolish the unauthorised portions to bring the building in line with approved plan.

 

However, Devaraji not only failed to demolish the unauthorised portions but also completed construction of two additional, unauthorised floors. Vadivelu, a neighbour, another resident, Gopalkrishnan, filed a contempt petition. 

 

Chief Justice Sanjay Kishan Kaul and Justice T.S. Sivagnanam, in last hearing asked the corporation commissioner to file a detailed affidavit about the compliance by owner to his undertaking and the court order.

 When the matter came up for hearing before the bench on Monday, the corporation commissioner informed the court that the owner did not demolish the unauthorised construction. The Chief Justice directed corporation officials to demolish the illegally constructed portions in four weeks. The bench directed the Commissioner to file report on November 3.