This Court is of the view that despite the constitution of Lower Level Monitoring Committee, the same has not been effectively functioning to remove the unauthorized constructions and therefore, it is high time for the State Government to constitute a High Level Monitoring Committee to curb and monitor the unauthorized constructions, unathorised construction of multi storied buildings and wrongful conversion of buildings into commercial purpose and for effective implementation of the various directions of this Court as well as to monitor the violations under the relevant Statute, namely TCP Act, 1971. Accordingly, this Court suggested for constitution of a High Level Monitoring Committee, headed by the Commissioner, Greater Chennai Corporation, as the Chairman, with officials of Chennai Metropolitan Development Authority and the Directorate of Town and Country Planning Act, Tamil Nadu as members, to monitor the unauthorized constructions. D.KRISHNAKUMAR, J. and P.DHANABAL, J.

W.P.No.12012 of 2020
D.KRISHNAKUMAR, J.
AND
P.DHANABAL, J.
[Order of the Court was made by D.KRISHNAKUMAR, J.]
During the last hearing i.e., 14.06.2023, this Court expressed its dissatisfaction and anguish that depite various directions of this Court as well as the Hon’ble Supreme Court, no effective measures were taken to address the issue of unauthorized constructions and further, there is a concerning trend of granting permissions for regularization of such unauthorized constructions on a frequent basis in urban areas. In the light of the above, this Court directed the authorities concerned to evolve a monitoring mechanism to proactively prevent and monior unauthorized constructions at the initial stage itself and it is imperative that immediate action has to be taken to address this issue and to ensure strict compliance of the relevant Act in force and the earlier directions of this Court and for such purpose, this Court directed the Commissioner, Greater Chennai Corporation and the Member Secretary, Chennai Metropolitan Development
Authority (CMDA) to be present before this Court today.
2. In compliance of the aforesaid direction, Mr.J.Radhakrishnan, I.A.S., Commissioner, Greater Chennai Corporation appeared in person before this Court and Mr.Anshul Mishra, I.A.S.,, Member Secretary, CMDA appeared through Video Conference.
3. This Court brought to the notice of the Commisioner, Greater Chennai Corporation that there are four major categories of unauthorized constructions namely (i) Totally illegal and unauthorized constructions, without obtaining any planning permission (ii) Multi Storied Buildings having floors constructed beyond the planning permission, (iii) Planning Permission obtained for residential, but using it for commercial purposes and (iv) Deviated Constructions.
4. The Commisioner, Corporation of Chennai, submitted that already there is a Lower Level Monitoring Committee constituted to monitor the unauthorised constructions, deviated constructions and multi storied buildings construted beyond the sanctioned plan. The Commissioner, Corporation of Chennai further submitted that Corporation of Chennai is the competent authority to issue planning permission / approval only for Ground + 2 Floors and beyond 3 floors, CMDA is the competent authority to give plan approval.
5. This Court is of the view that despite the constitution of Lower Level Monitoring Committee, the same has not been effectively functioning to remove the unauthorized constructions and therefore, it is high time for the State Government to constitute a High Level Monitoring Committee to curb and monitor the unauthorized constructions, unathorised construction of multi storied buildings and wrongful conversion of buildings into commercial purpose and for effective implementation of the various directions of this Court as well as to monitor the violations under the relevant Statute, namely TCP Act, 1971. Accordingly, this Court suggested for constitution of a High Level Monitoring
Committee, headed by the Commissioner, Greater Chennai Corporation, as the
Chairman, with officials of Chennai Metropolitan Development Authority and the Directorate of Town and Country Planning Act, Tamil Nadu as members, to monitor the unauthorized constructions.
D.KRISHNAKUMAR, J. and P.DHANABAL, J.
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6. The Commsisioner, Corporation of Chennai and the Member Secretary, CMDA seek three weeks time to file a comprehensive report as to the constitution of High Level Monitoring Committee, as suggested by this Court, after consultation with the Government of Tamil Nadu including the Directorate of Town and Country Planning Act. On their request, list the matter on 17.07.2023 at 2.15 p.m. The appearance of the Commissioner, Corporation of Chennai as well as the Member Secretary, CMDA are dispensed with for the present.
(D.K.K., J.) (P.D.B., J.)
26.06.2023
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W.P.No.12012 of 2020