End to the construction of unauthorised buildings

The Coimbatore Consumer Cause has appealed to the State Government to put an end to the construction of unauthorised buildings. These buildings are coming up with a promise to the property owners that these can be regularised under a scheme that the Government may introduce, secretary of the consumer body K. Kathirmathiyon has said in a letter to the Chief Minister.

The Government should issue a stern warning to violators and also make it clear to the people that the scheme introduced in 1999 was meant for only a one-time regularisation of the unauthorised structures. The letter said that violators of building rules still claimed such structures could be built now also as the Government might come out with a similar scheme.“We understand that the Government has planned to file a review petition before the Supreme Court in order to save a large number of multi-storeyed commercial buildings from being demolished. The Government wants to avoid the huge loss likely to be incurred if the unauthorised buildings are demolished in Chennai. We appreciate the concern of the Government,” the letter said.

Mr. Kathirmathiyon said in the letter that when the Supreme Court upheld the State Government’s one-time regularisation scheme (of 1999) for unauthorised constructions, it underscored the need for taking effective steps to check such violations. Based on this judgment, the Madras High Court said in August 23, 2006 order on unauthorised constructions in Chennai, that regularisation could be a one-time measure and all the subsequent rules extending the time for regularisation were declared ultra vires. Hence the fear of demolition of the unauthorised multi-storeyed commercial and public buildings.However, the Court wanted the monitoring committee to suggest less stringent measure for residential multi-storeyed buildings.

It was most unfortunate that many public buildings / commercial complexes were constructed without safety measures and parking facilities. It had a direct impact on the interests of the general public. Only with a view to helping the people and to saving their property the Government was kind enough to introduce the regularisation scheme in 1999. It was intended to be only a one-time measure, so that at least afterwards there would be healthy, safe and planned growth as per the rules.

“Unfortunately, we are afraid that it was not taken in the right spirit by the law breakers. They construct so many unauthorised public buildings even now with the hope and by promising people that these buildings would also be regularised in the next scheme. We request the Government to issue a stern warning at least now to those who are violating the Building Rules,” Mr. Kathirmathiyon said.

It must send a clear message that in future there would not be any further regularisation scheme and that unauthorised constructions would have to face serious consequences.The Government should also refuse water and electricity connection to such unauthorised buildings. In this connection, the consumer body welcomed the decision of the Government to appoint an experts’ committee for re-examining the Town and Country Planning Act, which would likely to consider all aspects for public safety and convenience.

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