CCC's Appeal

The petition was against regularization of unauthorized or deviated construction of public buildings by Coimbatore City Municipal Corporation. The Division bench held that the judgment of the first Bench on November 13, 2007 squarely covers and applies to the facts and circumstances of this case, hence allows the writ petition on the same lines and reasons. Thus, the amendment made to the Coimbatore City Municipal Corporation Act 1981 and the TN Municipal Corporation (Regularization of Unauthorized and Deviated Development and construction of building) Rules 2002, stands quashed, he said.
Based on the TN Municipal Corporation (Regularization of Unauthorized and Deviated Development and construction of building) Rules 2002, the following rates were collected by Coimbatore Corporation for regularisation of deviated buildings - Rs 300 per square metre (for residential buildings) and Rs 600 per metre for non-residential buildings. For unauthorised constructions, Rs 500 per square metre was collected from residential buildings and Rs 1,000 per square metre for non- residential buildings.
The Rule for regularization did not differentiate the public buildings and individual houses. CCC had no objection to the one time regularization of individual residential buildings. The association asked the Government to de-link the public buildings from the regularization scheme, Mr. Kathirmathiyon added. CCC was not in favour of offering ‘priced amnesty’ to such violations at the cost of the public safety and convenience such as parking space. Hence, it was challenged by the Coimbatore Consumer Cause in the High Court. Even though the Government had challenged the earlier judgment dated November 13, 2007, it was pending before the Supreme Court.
The rule, which encourages violation of law and discourages compliance of law was opposed to public policy and against public good, he said. Further the one time regularization should not be offered repeatedly, otherwise everyone would violate the building rules hoping to regularize them in the next one time regularization scheme. But the public buildings without safety and facilities like parking area should not be regularized under any circumstances and should be treated only as illegal buildings.
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