‘Field-level officers must be held responsible for unauthorised constructions’

MADURAI: Warning of recommending disciplinary action against field level officers, who are responsible for not reporting unauthorised constructions, the Madras high court has observed that it was high time the district-level officers put their heads together and evolve a mechanism for effective implementation of the provisions of the Tamil Nadu Town and Country Planning Act, 1971, particularly, at the grassroots level.

A division bench of justice R Subramanian and justice L Victoria Gowri observed that the mechanism also should ensure that field-level officers are held responsible for not duly reporting any unauthorized construction taking place within their jurisdiction.

The court passed the order while hearing two petitions filed by R Chithiravel, a panchayat president seeking action against two unauthorised constructions put up at Mela Shanmugapuram and Keela Shanmugapuram villages at Vilathikulam taluk in Tuticorin district.

“This court is burdened with litigations relating to removal of unauthorized constructions, either by the public-spirited persons, like, the present petitioner or by the violators themselves challenging the action taken under the enactment,” observed the judges.

The judges directed the Tuticorin district collector and Tuticorin director of town and country planning authority to evolve a mechanism, and hold the field-level officers responsible for not reporting any unauthorised construction.

“We are sure that if any action is initiated against one or two such officials, who tend to gloss over unauthorised developments, the others will automatically fall in line and report the unauthorised constructions to the authority concerned immediately,” observed the judges.

During the course of hearing the state submitted that the persons had applied for grant of planning permission in the year 2021, their applications were returned for certain compliances and the same have been re-presented through online only in April, 2023.

Taking into account that the buildings, as of today, are unapproved, the judges observed that it is open to the authorities to take appropriate action under the provisions of the Act.