Unauthorized Constructions Cannot Be Claimed as an Absolute Right: Madras High Court

MADURAI: The Madras High Court has firmly held that unauthorized constructions cannot be considered a matter of absolute right and should not be regularised as a matter of routine.

In a significant ruling, the court emphasized that authorities who neglect their duty to act against such illegal constructions should face disciplinary action.

A division bench comprising Justice S M Subramaniam and Justice A D Maria Clete stated that provisions for regularisation or condonation are meant to serve as enabling mechanisms and should only be exercised in rare and deserving cases—particularly where a clear injustice has occurred.

The bench remarked, “Regularisation is an exemption and can never be treated as a right. Statutorily, obtaining a building plan approval before starting any construction is mandatory. There cannot simultaneously exist a conflicting provision permitting the regularisation of illegal structures. If such a practice were allowed, it would lead to absurd consequences, where individuals would build without permission and later apply for regularisation—undermining the very intent and purpose of the Act and Rules.”

The court further stated that authorities are not expected to wait for complaints from citizens. Instead, they have a proactive responsibility to monitor ongoing construction activities. Detecting violations in their early stages can prevent significant financial and practical losses for all parties involved.

In line with a previous court order, the Tamil Nadu government had issued a Government Order (GO) in 2024 to establish a high-level monitoring committee to oversee and prevent unauthorized constructions. However, the court observed that there was no clear indication from the authorities regarding whether the committee had taken the necessary steps as directed.

In light of this, the judges instructed the Chief Secretary to ensure that the committee convenes monthly, as stipulated in the GO, and that it submits monthly reports to the state government.

The court also stressed that the government must regularly monitor the functioning of this committee, and any lapses or inaction should trigger disciplinary measures against those officials who fail to enforce the GO.

The court issued this ruling while hearing a petition filed by M. Daniel Simiyon Sudan. The petitioner had sought directions to remove an unauthorized rice mill construction located in Punganur village, within the Srirangam taluk of Trichy district.

The bench ordered the authorities to begin enforcement action by strictly following the procedure outlined in the applicable Act and Rules. If any unauthorized structures are found, they must be demolished within eight weeks. With these directions, the petition was disposed of.