Madras High Court
R. Prema vs 2 The Assistant Executive ... on 8 August, 2023
W.P. No.34820 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2023
CORAM:
THE HON'BLE MR. JUSTICE S. VAIDYANATHAN
and
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.P. No.34820 of 2018
R. Prema Petitioner
v
1 The District Collector
Kancheepuram District
Kancheepuram
2 The Tahsildar
Chengalpet Taluk
G.S.T. Road
Chengelpet, Kancheepuram District
3 The District Revenue Officer (DRO)
O/o Collector
Kancheepuram District – 631 501
4 The Revenue Divisional Officer (RDO)
Chengalpet Region
G.S.T. Road, Chengalpet
Kancheepuram District 603 001
5 The Deputy Director
Town & Country Planning
R.D.M.A. Building Complex
GST Road, Chengalpet
6 The Director
Town & Country Planning
No.802, Anna Salai, Chennai 600 002
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W.P. No.34820 of 2018
7 The Block Development Officer
Kattankulathur Panchayat Union
G.S.T. Road, Kattankulathur
8 The Assistant Engineer
Tamil Nadu Electricity Board
G.S.T. Road
Guduvanchery
Chengalpet Taluk
Kancheepuram District
9 The Village Administrative Officer
Kayarambedu Village
Chengalpet Taluk
Kancheepuram District
10 The Director
Directorate of Vigilance & Anti Corruption
No.293, MKN Road
Alandur
Chennai 600 016
11 Urbanrise Project LLP
Plot No.A, No.36/1
Gandhi Mandapam Road
Kotturpuram, Chennai 600 085
(Cause title amended vide order
dated 14.02.2019 made in
W.M.P. No.4992 of 2019 in
W.P. No.34820 of 2018)
12 The Assistant Executive Engineer
O/o the Assistant Executive Engineer
Public Works Department
Kancheepuram 601 501 Respondents
(R12 impleaded vide order dated
08.04.2019 made in W.M.P.
No.10315 of 2019 in W.P. No.34820
of 2018)
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W.P. No.34820 of 2018
Writ Petition filed under Article 226 of the Constitution of India seeking a
writ of mandamus directing the respondents 1 to 4 and 6 to 8 and 10 to take
necessary action to remove the encroachments into the Periya Eri and its water
channels, comprised in S.No.368 at No.27, Kayarambedu Village, Chengalpet
Taluk, Kancheepuram District, on the basis of the petitioner's representation dated
23.07.2018.
For petitioner Mr. R. Thanjan
For RR 1-7, 9 & 12 Mr. A. Selvendran
Special Govt. Pleader
RR 8 & 10 Given up vide Court order dated 04.01.19
For R11 Mr. V. Chandrasekaran
ORDER
(made by S. VAIDYANATHAN, J.)
This writ petition has been filed seeking a writ of mandamus directing the
official respondents to take necessary action to remove the encroachments found in
Periya Eri and its water channels, comprised in S.No.368 at No.27, Kayarambedu
Village, Chengalpet Taluk, Kancheepuram District, on the basis of the petitioner's
representation dated 23.07.2018.
2 Today, when the matter was taken up for hearing, the learned counsel
for the petitioner submitted that the eleventh respondent is attempting to encroach
the Periya Eri and its water channels to construct houses there.
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W.P. No.34820 of 2018
3 According to Mr. A. Selvendran, learned Special Government Pleader
appearing for respondents 1-7, 9 and 12, it is true that the water body has been
encroached and in fact, standing crops are there. He produced a communication
dated 27.02.2023 addressed to him by the Tahsildar, Chengalpet, and the same is
scanned below:
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W.P. No.34820 of 2018
4 Based on the above communication, Mr. Selvendran submitted that
there are 15 encroachers who have been cultivating paddy and vegetables in the
encroached area, for nearly forty years, besides mango and coconut trees; there is
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no relief sought against the eleventh respondent and he has no comments to offer;
W.P. No.34820 of 2018
the authorities will ensure that the eleventh respondent does not encroach the
Periya Eri and its water channels.
5 The eleventh respondent has filed a counter affidavit dated
26.02.2019 stating that there is no relief sought against them in the writ petition
and that there is also planning permission obtained on 20.08.2018 for constructing
flats to fulfil the Prime Minister's vision “Housing for all before 2022”
6 The learned counsel for the eleventh respondent submitted that the
Periya Eri is in S.No.368, whereas, the eleventh respondent constructs buildings
only in S.Nos.122/1A, 122/1B, 122/1C, 122/1D, 122/1E, 122/1F,
122/1G,122/1H,122/2, 122/3, 126/1, 127, 117/1D, 117/1E and 117/1F and in fact,
the eleventh respondent, in their counter affidavit dated 26.02.2019, have
categorically stated that they will ensure free flow of water.
7 Further, it is seen that while granting planning permission dated
20.08.2018, several conditions have been imposed and two of such conditions are
as under:
“16. The patta channel passing through the site i.e.
S.No.122,126,127 and 117 should be maintained as it is without any
obstruction of water flow.
17. In the alignment of channel, proper structures should be
constructed in the proposed site before commencement of work. It is to be
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ensured by Regional Deputy Director, Chengalpattu Region.”
W.P. No.34820 of 2018
8 In view of the above, we direct that the encroachments made by 15
encroachers, as identified by the officials vide communication dated 27.02.2023
which is scanned above, need to be removed after harvest and not stopping with
that, it should also be ensured that there is no further encroachment on the Periya
Eri and its water channels. In case, the eleventh respondent complies with the
condition and there are no encroachments made by him, he may be permitted to go
ahead with the construction. In case, any encroachment is made by the eleventh
respondent on the Periya Eri or its water channels, needless it is to state that
construction shall not be permitted to be continued.
9 Before parting, apposite it is to point out that the Apex Court, in a
catena of cases, has come down heavily on illegal constructions and
encroachments and suffice to advert to the following two judgments. In Priyanka
Estates International Pvt. Ltd. v State of Assam [(2010) 2 SCC 27], the
Supreme Court declined the appellant’s prayer for directing the respondents to
regularize the illegal construction and observed as follows:
“It is a matter of common knowledge that illegal and unauthorised
constructions beyond the sanctioned plans are on rise, may be due to paucity of land
in big cities. Such activities are required to be dealt with by firm hands otherwise
builders/colonisers would continue to build or construct beyond the sanctioned and
approved plans and would still go scot-free. Ultimately, it is the flat owners who fall
prey to such activities as the ultimate desire of a common man is to have a shelter of
his own. Such unlawful constructions are definitely against the public interest and
hazardous to the safety of occupiers and residents of multi-storeyed buildings. To
some extent both parties can be said to be equally responsible for this. Still the greater
loss would be of those flat owners whose flats are to be demolished as compared to
the builder.”
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10 In yet another decision in Shanti Sports Club v Union of India
W.P. No.34820 of 2018
[(2009) 15 SCC 705] pertaining to buildings constructed in violation of rules, the
Supreme Court held thus:
''This Court has, from time to time, taken cognizance of buildings
constructed in violation of municipal and other laws and emphasised that no
compromise should be made with the town planning scheme and no relief should
be given to the violator of the town planning scheme, etc. on the ground that he
has spent substantial amount on construction of the buildings, etc.
Unfortunately, despite repeated judgments by this Court and the High
Courts, the builders and other affluent people engaged in the construction
activities, who have, over the years shown scant respect for regulatory
mechanism envisaged in the municipal and other similar laws, as also the master
plans, zonal development plans, sanctioned plans, etc., have received
encouragement and support from the State apparatus. As and when the Courts
have passed orders or the officers of local and other bodies have taken action for
ensuring rigorous compliance with laws relating to planned development of the
cities and urban areas and issued directions for demolition of the
illegal/unauthorised constructions, those in power have come forward to protect
the wrongdoers either by issuing administrative orders or enacting laws for
regularisation of illegal and unauthorised constructions in the name of
compassion and hardship. Such actions have done irreparable harm to the
concept of planned development of the cities and urban areas. It is high time that
the executive and political apparatus of the State take serious view of the menace
of illegal and unauthorised constructions and stop their support to the lobbies of
affluent class of builders and others, else even the rural areas of the country will
soon witness similar chaotic conditions.”
With the above directions and observations, this writ petition stands
disposed of. Costs made easy.
(S.V.N., J.) (K.R.S., J.)
08.08.2023
cad
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W.P. No.34820 of 2018
To
1 The District Collector
Kancheepuram District
Kancheepuram
2 The Tahsildar
Chengalpet Taluk
G.S.T. Road
Chengelpet
Kancheepuram District
3 The District Revenue Officer (DRO)
O/o Collector
Kancheepuram District – 631 501
4 The Revenue Divisional Officer (RDO)
Chengalpet Region
G.S.T. Road
Chengalpet
Kancheepuram District 603 001
5 The Deputy Director
Town & Country Planning
R.D.M.A. Building Complex
GST Road
Chengalpet
6 The Director
Town & Country Planning
No.802, Anna Salai, Chennai 600 002
7 The Block Development Officer
Kattankulathur Panchayat Union
G.S.T. Road, Kattankulathur
8 The Assistant Engineer
Tamil Nadu Electricity Board
G.S.T. Road
Guduvanchery
Chengalpet Taluk
Kancheepuram District
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W.P. No.34820 of 2018
S. VAIDYANATHAN, J.
and
K. RAJASEKAR, J.
cad
9 The Village Administrative Officer
Kayarambedu Village
Chengalpet Taluk
Kancheepuram District
10 The Director
Directorate of Vigilance & Anti Corruption
No.293, MKN Road
Alandur
Chennai 600 016
11 The Assistant Executive Engineer
O/o the Assistant Executive Engineer
Public Works Department
Kancheepuram 601 501
W.P. No.34820 of 2018
08.08.2023
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