The Madras High Court has made it clear that in all complaints against illegal construction, if it was found to be true, the building so constructed unauthorisedly shall be razed to the ground. Entries in the revenue papers regarding the unauthorised construction shall also be made, justice S Vidyanathan said in his order, while hearing a plea by P Ramachandran seeking to remove an encroachment in Guduvancheri, Kancheepuram district.
The court also pulled up the local administration authorities, for delaying decisions on complaints of encroachment, despite specific directions from the high court to decide the matter within a time limit. “Not hearing such complaints would be fatal, as the complainant would be the best person to bring to the attention of the authorities about the violation of plan/illegal construction/encroachment. No prejudice is going to be caused to anyone, if the complainant is heard”, the judge said.
Similarly, in all cases of complaints of encroachment, the authorities shall ensure removal of the encroachment. The concerned authorities shall ensure that the encroachments or unauthorised encroachments or constructions that violate the plan, are removed/demolished immediately, after due notice in accordance with the relevant provisions of the act/rules concerned, the judge said.
The judge also directed the Tamil Nadu chief secretary and the Puducherry chief secretary to communicate the above observations made by the court, to all the secretaries to enable them to follow the yardstick of hearing complainants.