Online edition of India's National Newspaper
Friday, Sep 01, 2006
Online edition of India's National Newspaper Friday, Sep 01, 2006 |
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Tamil Nadu
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Chennai
Special Correspondent
CHENNAI: The Government, in consultation with legal experts, will examine what can be done to mitigate the consequences of the Madras High Court order quashing regularisation of all buildings [approved after the cut-off date of February 28, 1999], Chief Minister M.Karunanidhi informed the Assembly on Thursday. Responding to the issue raised by the Congress legislature party whip Peter Alphonse during zero hour, he said the Government could not immediately respond to the court decision to form a monitoring committee to inspect the buildings. Mr. Alphonse said the High Court, in its ruling on August 23, had quashed the State Government decision to extend regularisation of unauthorised buildings thrice under Section 113 (A) of the Tamil Nadu Town and Country Planning Act.
Pending applications
The Chennai Metropolitan Development Authority had received 30,000 applications seeking regularisation of buildings. The applicants had remitted Rs.400 crore towards regularisation fee on the basis of the Government's assurance, he said. A tense situation had been created by the court's decision to quash the Government's approval of the unauthorised buildings. However, he made it clear that any decision to demolish unauthorised structures could not be opposed. On the appointment of the monitoring committee, Mr.Alphonse said the CMDA was a statutory body and the Government should have been asked to form the panel. He was apprehensive whether any transgression of the Government's rights was involved in the decision to form the committee.
Complex issue
Mr. Karunanidhi said the Congress member had raised an important and complex issue from the standpoint of the State's rights. There had been instances where courts had decided against the decisions of State Legislature and Parliament. He wondered whether it was desirable to have a face-off between the judiciary and the legislature. However, ideas such as more powers for the State and the legislatures were to be supported.
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