Madras HC Gives Builder One Month to Remove Building Deviations, or Municipality Must Demolish Unauthorised Work and Recover Costs

The petitioner sought a mandamus directing action against alleged unauthorised construction and deviations by the second respondent at Plot No. 111, Metro Garden City, Kundrathur

In an appeal under Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, the Government set aside an earlier Form-VI notice and directed the Municipality to issue a fresh Form-IV notice, require rectification of deviations and a revised planning permission, and take further enforcement action if the directions were not complied with

The Municipality’s status report stated that deviations remained, although part of the unauthorised construction had been demolished; it also recorded setback and parking deviations

The report referred to a separate dispute over an alleged one-foot encroachment

Section 80-A of the Tamil Nadu Town and Country Planning Act, 1971, provided the basis for the Government’s disposal of the appeal concerning the Municipality’s notice

The Government’s order required a fresh Form-IV notice in accordance with the Act and G.O. (Ms.) No. 195, Housing and Urban Development Department, dated 5 November 2022; it also directed the second respondent to rectify the identified deviations and obtain revised planning permission in compliance with the Tamil Nadu Combined Development and Building Rules, 2019, failing which the Municipality was to take further enforcement action

The Court applied these case-specific directions in light of the Municipality’s report that deviations remained

The Municipality’s report showed that the second respondent had not fully rectified the deviations, including setbacks and parking provision, despite the Government’s directions

The Court therefore directed the second respondent to complete the rectification and restore the building to the approved plan.

Although the report also described an alleged encroachment affecting the rear setback, the Court did not resolve that separate property dispute; its directions addressed correction of the building deviations

If the second respondent failed to comply, the Commissioner of Kundrathur Municipality was directed to carry out the rectification or demolition and recover the cost from the second respondent.

No costs were awarded