Chennai: Expressing doubt as to whether it is a “Corporation Office” or “Corruption Office”, the Madras high court has said the officials being posted for hearing appeals (against violated portions of the buildings) must be asked to furnish the details in respect of their moveable and immoveable assets owned by them on the date of their assumption to office till completion of their office as authorities under the Tamil Nadu Town and Country Planning Act. Those details must also be published and updated periodically in the website for ascertaining their disproportionate assets during their term of office.
“We do not know as to whether the secretary to government is discharging his work in appeals filed under the Act or shift the burden to the other officer. All the issues pertaining to CMDA construction need to be heard by the secretary to government, unless or otherwise reasons are given by him. The secretary shall devote afternoon session at least two days a week, including Saturdays to discharge the work under the Act. He shall august his meeting in such a way that no litigant suffers on account of his absence. If for any reasons, he is absent, the cost of travel incurred by the litigant shall be borne by the authority concerned payable from his personal funds. Whenever it is required/needed by the parties, there shall be inspection by the authorities to the violated places, take photographs/video to ensure that the violated portions are demolished”, said a division bench comprising Justices S.Vaidyanathan and Krishnan Ramasamy.
The bench said, “The electricity connection and water supply shall be disconnected and courts shall not come to the rescue of the violators. In fact the court, by showing indulgence to violators, is making the law abiding citizen a laughing stock and the court projects to the citizens that the court will move at snail’s pace and it is better to be a violator than a law abiding citizen. It is a sorry state of affairs”. While disposing of a petition from Mehraj Begum, which challenged the action of the authorities in locking and sealing her building in Mannady for violation of sanctioned plan, the bench had on October 16 gave several directions to the authorities and posted the matter for reporting compliance to December 20.
When the case came up for hearing on December 21, additional government pleader R.Udhaya Kumar sought further time for production of the details as required by the court and produced a copy of a GO dated April 16, 2018, which was passed with regard to Construction Continuance Certificate in compliance of the order of this court, prescribing guidelines for issuance of CCC.
After perusing the GO, the bench directed the authorities concerned to furnish the break-up details regarding sanction of plans by the Corporation and CMDA after January 9, 2018, more particularly after issuance of the GO dated April 16, 2018, inspection of site in question and the details of officials, who have inspected the site.
