Chennai: Taking a serious view of encroachments and illegal constructions, the Madras High Court has directed the Tamilnadu government to file a report on the issue while suggesting it to appoint honest, efficient persons with integrity to deal with pending cases.
A bench comprising justices S Vaidyanathan and Krishnan Ramasamy said appropriate disciplinary proceedings shall be initiated against officials in case of non-inspection of sites.
“In the event of non-inspection of site by officials, appropriate disciplinary proceedings for major misconduct shall be initiated against them for not maintaining absolute integrity and devotion to duty, which is unbecoming of a member of the service and such irresponsible officials should be dismissed from service,” the bench said.
The bench passed the interim order on a petition from Mehraj Begum challenging a stop work notice issued by the city Corporation with regard to unauthorised constructions.
The bench referred to the appointment of officials for the disposal of appeals filed in connection with regularisation of buildings.
It said, “We are of the view that appointment of only one person is not sufficient to give quietus to this matter, as he cannot be over-burdened and cannot be expected to hear appeals apart from doing his day to-day administrative work.”
The bench suggested the government should create more posts, thereby appointing honest, efficient, persons with integrity to hear cases arising out of Section 80-A of the Tamilnadu Town and Country Planning Act, 1971 and any other applications pending under various sections of the said Act.
These officials should exclusively deal with appeals and other proceedings falling under the 1971 Act and they shall not be given any administrative work, the bench observed.
The bench also made it clear that the officials’ movable and immovable properties details should be recorded on the date of assumption of office till the completion.
The details must be published and updated periodically on website for ascertaining their disproportionate assets during their term of office, the bench said in the order.
The bench observed that encroachments and illegal constructions were spreading and unless or until there is a periodical monitoring, the violators would continue to violate and law abiding citizens would be a laughing stock before the violators. The bench directed to list the matter for reporting compliance on 12 April, , 2019.