Allow regularisation of unauthorised plots, only if there is no construction violation: Madras HC

The Madras High Court has allowed the regularisation of unauthorised plots, only if there is no violation of construction in such plots, while also making it clear that ‘set-back violations’ cannot not be regularised

The Madras High Court 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. Justice S Vaidyanathan also made it clear that during such processes, ‘set-back violations’ should not be regularised.

The judge passed the order on a batch of pleas, moved by owners of unauthorised properties in the city. Originally, the petitioners wanted the court to quash a government order, issued by the Housing and Urban Development dated February 9, 2005, fixing a cut-off date for regularisation of plots – March 31, 2002 – as illegal and unconstitutional. When the pleas came up, the CMDA submitted that even though the petitioners’ contention may not be correct, in view of introduction of Section 113-C in the Tamil Nadu Town and Country Planning Act, a new scheme has been formed.

See also: Do not regularise buildings with set-back violations: Madras HC

Under the scheme, the petitioners can apply before the authority concerned, seeking regularisation of their lands. The CMDA submitted that such regularisation would be applicable, provided there is an original plan and the same is applicable only to the lands. 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 may 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.

 

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