W.P(MD)Nos.12175 of 2018, 12191 of 2018, 13634 of 2018, 1103 of
2019, 9150 of 2019, 15118 of 2019, 20031 of 2019, 4270 of 2020,
7550 of 2020, 11336 of 2020, 14143 of 2020, 14388 of 2020, 14962 of 2020, 2554 of 2021, 13314 of 2021, 15284 of 2021, 15169 of
2021, 16642 of 2021, 17907 of 2021, 25472 of 2022, 1167 of 2023,
11718 of 2023, 15392 of 2023, 1629 of 2014, 18302 of 2016, 18354 of 2018, 18403 of 2014, 750 of 2014, 16865 of 2016, 26260 of
2019, 3688 of 2020, 2483 of 2021, 721 of 2022, 8698 of 2022,
23152 of 2022, 13465 of 2023, 1117 of 2019, 18613 of 2019, 16984 of 2020, 25271 of 2022, 19428 of 2023, 21647 of 2018, 25546 of
2018, 25547 of 2018, 593 of 2021, 13426 of 2021, 22410 of 2021,
21496 of 2022, 24959 of 2022, 2746 of 2023, 4820 of 2023, 10227 of 2023, 12596 of 2023, 21647 of 2023, 21951 of 2023, 1450 of
2019, 7946 of 2019, 15636 of 2021, 22806 of 2021, 6887 of 2022,
20565 of 2022, 22304 of 2022, 25651 of 2022, 18481 of 2023,
22101 of 2023, 23086 of 2023, 21765 of 2018, 27225 of 2019, 5589 of 2020, 9418 of 2021, 9425 of 2021, 15376 of 2021, 16593 of
2021, 21433 of 2021, 861 of 2022, 26091 of 2022, 27365 of 2022,
66 of 2023, 1617 of 2023, 1912 of 2023, 29095 of 2023, 22047 of
2018, 18842 of 2019, 19019 of 2019, 15939 of 2020, 12109 of
2021, 16118 of 2022, 16609 of 2023, 9594 of 2018, 9891 of 2018,
23655 of 2018, 11655 of 2019, 26925 of 2019, 4577 of 2020, 6215 of 2020, 6351 of 2020, 7883 of 2020, 8070 of 2020, 8224 of 2020,
18409 of 2020, 841 of 2021, 7421 of 2021, 10564 of 2021, 13883 of
2021, 20053 of 2021, 22436 of 2021, 15667 of 2022, 18689 of
2022, 4145 of 2023, 6325 of 2023, 11691 of 2023, 11814 of 2023,
20739 of 2023, 22762 of 2023, 23327 of 2023, 19918 of 2020,
11590 of 2021, 2823 of 2023, 4984 of 2023, 9116 of 2023, 20780 of
2018, 15716 of 2020, 22997 of 2021, 24973 of 2022, 20227 of
2023, 10776 of 2021, 23733 of 2022, 15594 of 2021, 3727 of 2023,
372 of 2017, 986 of 2017, 21431 of 2018, 30473 of 2023, 30715 of
2023, 17831 of 2019, 4234 of 2020, 15103 of 2021, 21273 of 2021,
20594 of 2022, 23186 of 2023, 11269 of 2020, 14245 of 2020,
19477 of 2020, 19711 of 2020, 6531 of 2021, 7228 of 2021, 8500 of
2021, 13298 of 2021, 14181 of 2021, 19103 of 2021, 19104 of
2021, 19105 of 2021, 22481 of 2022, 7145 of 2023, 11617 of 2023,
23416 of 2018, 25607 of 2019, 19270 of 2020, 5398 of 2021, 9522 of 2021, 20186 of 2021, 4648 of 2022, 13313 of 2022, 16517 of
2022, 6176 of 2023, 22098 of 2018, 6518 of 2019, 15276 of 2020, 10245 of 2021, 12375 of 2015, 19130 of 2021, 15854 of 2022,
25636 of 2022, 28503 of 2022, 5371 of 2023, 22403 of 2018, 24251 of 2018, 1719 of 2019, 18424 of 2019, 22746 of 2019, 25376 of
2019, 2432 of 2020, 2453 of 2020, 3363 of 2020, 3365 of 2020,
3366 of 2020, 3940 of 2020, 5826 of 2020, 2408 of 2020, 14164 of
2020, 17016 of 2020, 17230 of 2020, 20003 of 2020, 9445 of 2021,
9452 of 2021, 11962 of 2021, 19298 of 2021, 21813 of 2021, 21814 of 2021, 22343 of 2021, 1298 of 2022, 18993 of 2022, 26415 of
2022, 4021 of 2023, 5146 of 2023, 12609 of 2023, 14287 of 2023,
15646 of 2023, 22059 of 2023, 23923 of 2023, 20088 of 2018, 2438 of 2020, 4635 of 2020, 8871 of 2020, 15640 of 2020, 9160 of 2021, 21143 of 2021, 22450 of 2021, 29277 of 2022, 4108 of 2023, 4970 of 2023, 30567 of 2023, 423 of 2021, 1166 of 2021, 3217 of 2021,
598 of 2022, 24983 of 2023, 16654 of 2018, 18794 of 2018, 12683 of 2019, 15107 of 2021, 18506 of 2021, 22003 of 2021, 22004 of
2021, 22168 of 2021, 12458 of 2022, 25337 of 2022, 23345 of
2018, 25163 of 2022, 23054 of 2019, 25668 of 2019, 23138 of
2022, 25643 of 2022, 6966 of 2023, 10485 of 2023, 69 of 2023,
16141 of 2019, 291 of 2020 & 1391 of 2020
D. KRISHNAKUMAR ,J. and
R.VIJAYAKUMAR,J.
(Order of the Court was made by D. KRISHNAKUMAR, J.)
When the matter came up for hearing on 01.02.2024, this Court
passed the following order:
‘Several Writ Petitions have been filed before this Court
on various categories to initiate action for removal of unauthorized constructions as against the violators.
2.Stringent action requires to be taken as against the
following four categories of unauthorized constructions:
(a) Unauthorized constructions in the patta lands.
(b) Unauthorized constructions in the Government lands
or local body or other Departments.
(c) Though approval has been granted for residential
purpose, the same has been converted as commercial buildings or religious institutions without any intimation to the authority concerned.
(d) Deviated constructions are made in violation to the
approved plan insofar as the commercial buildings and multi-storied buildings are concerned.
3.We are of the view that the above categories are very
serious issues, which require a detailed examination to initiate appropriate action for removal of these unauthorized constructions at the stage of commencement of the construction works. Every day, several Writ Petitions are being filed before this Court seeking direction to the authority concerned for removal of the unauthorized constructions. In some cases, building owners have challenged the notice issued by the authority concerned for removal of unauthorized construction by citing the reason that they had invested huge money on the construction of the building and submit an application for regularization of the buildings.
4.Several directions have been issued by this Court
against the officer concerned for removal of illegal and unauthorized constructions. Even directions have been issued by this Court to take necessary action against the erring officials, still there is no change in the attitude of the officers by strictly implementing the order passed by this Court in its letter and spirit. Hence, we are of the view that time has come to decide the alternative mechanism to monitor these unauthorized constructions and for preventing these unauthorized constructions at the stage of commencement of the construction works as well as conversion of the residential purpose to commercial purpose without approval.
5.Further, it is the 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 Town and Country Planning Act, 1971. In such circumstances, a High Level Monitoring Committee has to be constituted in every Corporations/Municipalities to monitor and prevent the unauthorized constructions.
6.In this regard, Mr.R.Baskaran, learned Additional Advocate General takes notice for the respondents and informs that several Writ Petitions have been filed before this Court for taking necessary action as against the unauthorized constructions.
7.Therefore, this Court directs Mr.A.Baskaran, learned Additional Advocate General to get instructions for constituting a High
Level Monitoring Committee consists of the Commissioner of
Corporations/Municipalities, Deputy Director of Town and Country
Planning, the Superintendent of Police/Commissioner of Police or
Additional Commissioner of Police, Regional Director of Municipalities, Revenue Divisional Officer and one independent officer from the revenue Department, as the case may be, for removal of unauthorized constructions in their jurisdiction limits.
8.Further, this Court directs the learned Additional Advocate General to get necessary instructions with regard to framing of comprehensive guidelines to prevent the unauthorized constructions within the limits of the Corporations/Municipalities.
9.The learned Additional Advocate General, in this
regard, seeks time to get appropriate instructions and report the same before this Court.
10.List the matter on 15.02.2024 at 02.15 p.m.’
2.In response to the aforesaid order, dated 15.02.2024, the
Government has sent a communication, dated 14.02.2024 to
Mr.R.Baskaran, learned Additional Advocate General stating that a special task force has already been constituted in the year 2018. Further, as
suggested by this Court, now the Government has also issued G.O(Ms)No.124, Housing and Urban Development (UD6(1)) Department, dated 08.09.2023 constituting a High Level Monitoring Committee to curb and monitor the unauthorized construction. The said G.O(Ms)No.124, Housing and Urban Development (UD6(1)) Department, dated 08.09.2023
is as follows:
‘Housing and Urban Development (UD6(1) Department
G.O.(Ms).No.124 Dated: 08.09.2023
nrhgfpUJ> Mtzp 22> jpUtsS;th; Mz;L 2054
Read:1.Hon’ble High Court order dated 26.06.2023 in W.P.No.12012 of 2020.
2.From the Director of Town and Country Planning, Letter Roc.No.17872/2023/TCP-3, dated 10.08.2023.

3.From the Member Secretary, Chennai Metropolitan Development Authority, Letter No.EC/SI/2476/2023, dated 14.08.2023.

ORDER:-
In the reference first read above, the Hon’ble
High Court has instructed to constitute a High Level Monitoring Committee to curb and monitor the unauthorized constructions, unauthorized construction of multi-stored buildings and wrongful conversions of buildings into commercial purpose and for effective implementation of the various directions of Hon’ble High Court as well as monitor the violations under the relevant status, namely Town and Country Planning Act, 1971. Accordingly, the Court has suggested for constitution of 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.

2. The Municipal Administration and Water Supply Department has requested this Department to constitute 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.
3. In the reference 2nd read above, the Director of Town and Country Planning has furnished the detail of nomination of official as below:
   Thiru.A.Sivaprakasam, Joint Director Member
4. In the reference 3rd read above, the Member Secretary, Chennai Metropolitan Development Authority has furnished the details of nomination of officials as below:-
5. The Member Secretary, Chennai Metropolitan Development Authority Member
6. The Chief Planner / Senior Planner,
   Enforcement Cell, Chennai Metropolitan Development Authority Member
7. After careful examination of the nomination submitted by Chennai Metropolitan Development Authority and Directorate of Town and Country Planning, Government hereby constitute a High Level Monitoring Committee to curb and monitor the unauthorized constructions, unauthorized construction of multi-stored buildings and wrongful conversions of buildings into commercial purpose and for effective Implementation of the various directions of Hon’ble High Court as well as monitor the violations under the relevant status, namely Tamil Nadu Town and Country Planning Act, 1971 as detalled below:-
8. The Additional Chief Secretary /
   Commissioner, Greater Chennai Corporation Chairman
9. The Member Secretary, Chennai Metropolitan Development Authority Member
10. The Chief Planner / Senior Planner,
    Enforcement Cell, Chennai Metropolitan Development Authority Member
11. The Joint Director, Directorate of Town and Country Planning Member
    3.The said G.O is also passed pursuant to the order passed by
    this Court in W.P.No.12012 of 2020, dated 26.06.2023 and based on the letters from the Director of Town and Country Planning, dated 10.08.2023 and the Member Secretary, Chennai Metropolitan Development Authority, dated 14.08.2023.
    4.In view of the swift action taken by the Government in this
    matter by passing G.O(Ms)No.124, Housing and Urban Development (UD6(1)) Department, dated 08.09.2023, this Court places its appreciation to the authorities concerned including Commissioner of Greater Chennai Corporation for constituting the High Level Monitoring Committee, to curb
    the unauthorized construction in the Corporation limit.
    5.The learned Additional Advocate General also assures before
    this Court that on the same line, the Government will consider and pass necessary G.O’s in respect of the Corporations and Municipalities in the State of Tamil Nadu and therefore, he seeks short accommodation.
    6.At the request of the learned Additional Advocate General, list
    the matter on 04.03.2024 at 02.15 p.m. We make it clear that no further
    adjournment will be granted.
    [D.K.K.,J.] [R.V.,J.] 15.02.2024
    ps
    D. KRISHNAKUMAR ,J. and R.VIJAYAKUMAR,J.
    ps
    W.P(MD)Nos.12175 of 2018 and etc., batch
    15.02.2024