Case Note & Summary
The petitioner, owner of property against which Greater Chennai Corporation issued a de-occupation notice on 26.12.2024 for unauthorised construction, filed a writ petition under Article 226 of the Constitution seeking to quash the notice and direct disposal of an appeal dated 04.12.2024 pending before the Government. The Corporation had earlier initiated enforcement action after finding deviations from approved plan. The petitioner preferred a revision under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, to the Government, which passed an order on 05.07.2019 granting three months to rectify the deviations upon conditions, including submission and approval of a demolition plan. The petitioner submitted a proposed part demolition and rectification plan, but the Corporation returned it as unconsidered with the remark “No approval for partly demolition as per TNCBDR-2019”. The petitioner argued that the plan ought to be considered in light of the Government order and that the de-occupation notice was premature. The Court, without quashing the notice, directed that the Corporation must verify the petitioner’s demolition plan with reference to the Government order under Section 80-A and take a decision within four weeks, and until such decision, no coercive action shall be taken. The writ petition was disposed of accordingly with no costs, and the connected miscellaneous petition was closed. The judgment effectively balanced the need for regularisation of deviations against enforcement action, ensuring that the petitioner’s submission was duly considered rather than summarily rejected.
Headnote
A) Town and Country Planning — Unauthorised Construction — Rectification — Tamil Nadu Town and Country Planning Act, 1971, Section 80-A — Government order under Section 80-A granted petitioner three months to rectify deviations and obtain planning permission; petitioner submitted demolition plan which was returned with remark “No approval for partly demolition as per TNCBDR-2019” — High Court directed Corporation to verify the proposed demolition plan with reference to the Government order and decide within four weeks; held that till such decision, no coercive action be taken (Paras 2-5).
Issue of Consideration
Whether the de-occupation notice dated 26.12.2024 should be quashed and whether the respondents should consider the rectification plan in light of the Government order dated 05.07.2019 passed under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971.
Final Decision
The writ petition is disposed of. The Greater Chennai Corporation is directed to verify the petitioner's proposed demolition plan with reference to the Government order dated 05.07.2019 and take a decision within four weeks; until such decision, no coercive actions shall be taken against the petitioner. No costs. Connected miscellaneous petition closed.
Law Points
- Legal points not extracted
- implementation of Government order under Section 80-A of Tamil Nadu Town and Country Planning Act
- 1971
- rectification of unauthorised construction
- administrative decision must align with statutory revision order
- coercive action to be withheld pending consideration of rectification plan
Case Details
2025 LawText (MAD) (02) 101
S.M.Subramaniam, K.Rajasekar
Mr.V.P.Sengottuvel (Senior Counsel), Mr.K.Surendranath for Petitioner, Mr.T.Chandrasekaran (Special Government Pleader for R1), Mrs.S.Vanitha Joice Rani (Standing Counsel for R2 to R4)
1. The Secretary to Government, Housing and Urban Development Department, 2. The Executive Engineer, Zone-12, Greater Chennai Corporation, 3. The Assistant Executive Engineer, Zone-12, Greater Chennai Corporation, 4. The Junior Engineer, Zone-12, Greater Chennai Corporation
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Nature of Litigation
Writ petition under Article 226 challenging de-occupation notice and seeking direction to dispose of pending appeal.
Remedy Sought
The petitioner sought to quash the de-occupation notice dated 26.12.2024 and direct the first respondent to dispose of the appeal dated 04.12.2024.
Filing Reason
The de-occupation notice was issued for unauthorised construction/deviation, and the petitioner’s rectification plan was returned unconsidered, leading to the challenge.
Previous Decisions
The Government passed an order under Section 80-A on 05.07.2019 granting three months to rectify deviations; the petitioner submitted a demolition plan which was returned as unconsidered.
Issues
Whether the de-occupation notice should be quashed and whether the respondents should consider the rectification plan in light of the Government order dated 05.07.2019.
Submissions/Arguments
Petitioner contended that the demolition plan must be considered as per the Government order and that the de-occupation notice was unsustainable.
Corporation returned the plan citing “No approval for partly demolition as per TNCBDR-2019”, implying that partial demolition was not permissible under the rules.
Ratio Decidendi
The Corporation Authorities must verify the proposed demolition plan with reference to the Government order under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, and take a decision, rather than returning the application unconsidered.
Judgment Excerpts
The Government Letter dated 05.07.2019 passed under Section 80(A) of the Act describes the deviations with reference to the approved plan. Therefore, the Corporation Authorities can verify the proposed demolition plan submitted by the petitioner with reference to the Government order passed under Section 80(A) of the Act and take a decision and permit the petitioner to demolish the unauthorised portion of the construction and to restore the building as per the building plan approval granted by the Chennai Corporation.
The said exercise is directed to be completed within a period of four (4) weeks from the date of receipt of a copy of this order. Till such time the final decision is taken by the Corporation Authorities, no coercive actions shall be taken against the petitioner.
Procedural History
Corporation inspection found unauthorized construction; enforcement action initiated; petitioner filed revision under Section 80-A before the Government; Government order dated 05.07.2019 granted three months for rectification with conditions; petitioner submitted proposed demolition plan; Corporation returned the plan as unconsidered; petitioner filed appeal on 04.12.2024; de-occupation notice issued on 26.12.2024; writ petition filed challenging notice and seeking disposal of appeal.
Acts & Sections
- Tamil Nadu Town and Country Planning Act, 1971: Section 80-A
