Builders sore over regularisation of 'violations'

By Feroze Ahmed

CHENNAI, SEPT. 9. The AIADMK Government's revised regularisation scheme has raised many contentious issues on its provisions and related legal aspects, which are likely to have a bearing on the scheme's success.

A primary concern among builders is the second Master Plan which envisages more flexible rules and, according to the CMDA, will be introduced next year. Some of the deviations regarded as violations now are likely to be accepted by the new guidelines, and builders deem it unfair that these ``violations'' are to be regularised.

Another contention is whether the scheme penalises even those buildings that are not subject to legal action as the CMDA had failed to issue notices to them within three years of construction.

The CMDA is also not clear on whether the new scheme will be applicable to constructions on which cases are pending in the court.

Builders and owners are also wary of availing the scheme as the CMDA has not announced what legal action will be initiated against those who fail to regularise their buildings. The CMDA has already conceded that demolition of the three lakh ``illegal constructions'' in the City will not be viable.

``Besides, the present scheme is definitely running counter to the Supreme Court ruling that has permitted regularisation as a one-time measure,'' says an advocate.

Though the scheme is not violative of the SC directive as the new scheme is only a revision, ``it is violative of the spirit of the ruling,'' the advocate says.

By repeatedly extending the deadline for regularisation, the Government is in effect providing scope for newer violations instead of checking them at a fixed date.

Pointing out to the double penalty in the form of security deposit and regularisation fee, he adds that as per Article 20 of the Constitution no person can be punished twice for the same offence.

If the Government is serious about putting the City back on development path, it can take advantage of a recent High Court ruling that has vacated a stay on a 1992 GO, which directs the TNEB to provide electricity connections only if a building is given a completion certificate by the CMDA.

Presently, the Government has called for regularisation of even buildings that have been only partly constructed.

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Section  : Southern States
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