Madras HC orders demolition of school building in Dharapuram for violating approved plan

CHENNAI: The Madras High Court ordered the demolition of a private school building as it was constructed in violation of the building plan permission and made it clear the demolition should be commenced during the summer holidays so that it does not affect the students' education.

A division bench of Justices SM Subramaniam and K Rajasekar held that no appeal is maintainable against Section 79 of the Tamil Nadu Town and Country Planning Act (appeal to the prescribed authority against any decision or order of the planning authority) to issue a revised plan in respect of an unauthorised construction already made.

Further, the bench directed the Housing and Urban Development department and the Town and Country Planning directorate to demolish the private school which was constructed, deviating from the planning permission.

As the current academic year is under way and exams are being conducted, the bench directed the respondents to commence the demolition process during the summer holidays in May and complete it within the holidays.

The petitioner, L Muruganantham, moved HC, alleging that a private school established an unauthorised construction to run a school at Dharapuram and sought directions to demolish the building.

He alleged that on March 31, 2011, the town and country planning approved the private school to construct a building. However, the private player constructed the building, deviating from the planning approval.

Despite a division bench directing the authorities to take appropriate action in 2015, the issue remained in cold storage, said the petitioner.

The assistant director of the District Town and Country Planning office filed a counter affidavit stating that unauthorised constructions were identified.

It was submitted that deviations in setback parameters and the size of the classrooms were found during the inspection.

The town and country planning office submitted that the school administration had made an application requesting revised approval for the existing school building on February 27, which was refused.