Allow Regularisation Of Unauthorised Plots Only If There Is No Construction Violation: Madras HC
The Madras High Court (HC) has said regularisation of unauthorised plots can be allowed under Section 113-C of the Tamil Nadu Country Planning Act only if there is no violation of construction in such plots. The HC also made it clear that during such a process, “set-back violations” should not be regularised. The court passed the order on a batch of pleas moved by owners of unauthorised properties in Chennai.
Originally, the petitioners wanted the court to quash a government order issued by the Housing and Urban Development in 2005, fixing a cut-off date for regularisation of plots (March 31, 2002) as illegal and unconstitutional.
When the pleas came up, the Chennai Metropolitan Development Authority (CMDA) submitted that even though the petitioners' contention might not be correct, in view of introduction of Section 113-C in the Tamil Nadu Town and Country Planning Act, a new scheme had been formed. Under the scheme, the petitioners could apply before the authority concerned, seeking regularisation of their lands. The CMDA submitted that such regularisation would be applicable, provided there was original plan and the same was applicable only to the land.
The Bench recorded the submission. Depending on the outcome of the regularisation issue that has been filed by advocate VBR Menon which is pending before a Division Bench, the petitioners' case might be considered expeditiously, "preferably within one month from the date of disposal of the issue that is pending before the division bench as on date," it said.
With inputs from Housing News