bench of Justices R Suresh Kumar and G Arul Murugan sought the above report to test the bonafide intention of the state government in passing a G.O. to form high-level committees at district levels, pursuant to the court’s directives, to tackle the issue of unauthorised constructions in the state.
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Madras High Court orders state government to provide details on unauthorized constructions in urban local bodies
The bench also issued a series of other directives, including that the local bodies should submit periodical action reports on complaints of unauthorised constructions in their jurisdiction before the aforesaid committees every month.
Madurai Bench of the Madras High Court.(Photo | Express)
Updated on:
04 Apr 2024, 8:37 am
2 min read
MADURAI: The Madurai Bench of the Madras High Court on Wednesday directed the state government to submit details of the number of cases related to unauthorised constructions in each urban local body in the state and the action taken against them.
A bench of Justices R Suresh Kumar and G Arul Murugan sought the above report to test the bonafide intention of the state government in passing a G.O. to form high-level committees at district levels, pursuant to the court’s directives, to tackle the issue of unauthorised constructions in the state.
The bench also issued a series of other directives, including that the local bodies should submit periodical action reports on complaints of unauthorised constructions in their jurisdiction before the aforesaid committees every month. In turn, the committees must conduct monthly meetings mandatorily to discuss and deliberate on the said reports, they added.
The commissioner of municipal administration and director of town panchayats were suo motu added as parties to the case to facilitate the implementation of the directions.
The directions were issued on a petition filed by one Mathialagan against an unauthorised construction in the Tiruchy district. During the hearing, the petitioner’s counsel and the additional advocate general appearing for the state informed about the said G.O. passed by the government on March 1, based on an order passed by an earlier division bench.
Hearing this, the judges observed that there are enough existing provisions under legislations such as the Town and Country Planning Act and the Urban Local Bodies Act, which if implemented effectively, could end the menace of unauthorised constructions.
They expressed doubts about whether the formation of the committees and referring the unauthorised construction matters to the committees would help authorities in performing their functions under the Acts or instead, delay or prolong the actions. The latter will hurt the workability of the legislations, they added.
“Therefore, the state government must ensure that the constitution of the high-level committees at the district level shall not be detrimental or against the working pattern or functioning of authorities under the said legislations,” the judges said.
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