Everyone should follow law: Madras High Court

Chennai: Observing that if illegality is going to be regularised or accepted, law-abiding citizens will be driven to an extent that the best method is to violate the law and take advantage of the situation, the Madras high court has dismissed an application which sought to review its earlier order, dismissing a petition, challenging an order of the CMDA, rejecting an application for regularisation of an unauthorised construction in Redhills.

A division bench comprising Justices M. Venugopal and S. Vaidyanathan dismissed the review application filed by D. Rajappa and R. Jayalakshmi. “It is very unfortunate that the violator is trying to justify the act. The Supreme Court and this court have repeatedly held that everyone should follow the law. De-hors the law, the observation of the Supreme Court in Jaipur Zila Sahakari Bhoomi Vikas Bank case that adherence to and obedience of the law should be obvious and necessary in a system governed by the rule of law, is the need of the hour”, the bench added.

The bench said payment of a fine amount, cannot justify the regularisation. The building must have to be in accordance with the plan and imposition of a fine would not make ‘no car parking’ as ‘legal’ and by payment of a fine amount, the car parking cannot be dispensed with.

According to the petitioners, it was a contiguous one and the authorities have identified 37 violations and the building had been constructed violating many of the development regulations and parameters.

The petitioners have repeatedly approached this court and litigate on the very same issue that has already been concluded. There was no error apparent on the face of the record to review the order passed earlier, the bench added and dismissed the review application.