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Time of India
12 hours ago
- Politics
- Time of India
Unauthorised constructions cannot be claimed as an absolute right: HC
Madurai: Holding that unauthorised constructions cannot be regularised in a routine manner and cannot be claimed as an absolute right, Madras high court observed that authorities failing in their duty to deal with unauthorised constructions should be subjected to disciplinary proceedings. A division bench of justice S M Subramaniam and justice A D Maria Clete observed that regularisation or condonation are only enabling provisions and must be granted exceptionally in deserving cases where an injustice was caused. The judges observed, "Regularisation is an exemption and can never be claimed as an absolute right. On the one hand, the statute contemplates that a building plan permission must be obtained before the commencement of building. Therefore, there cannot be any contra provision that such illegal unauthorised construction must be regularised. If such a principle is to be applied, it will result in an anomalous situation, where every person will put up construction unauthorisedly and thereafter submit an application to regularise, and the very objective of the Act and Rules will be defeated. " The judges observed that the authorities are not expected to wait for a complaint from any person. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 임플란트 29만원 이벤트 임플란트 더 알아보기 Undo They are duty-bound to monitor the construction activities. Such violations must be identified at the initial stage of construction, which would prevent financial and other loss to all concerned. Pursuant to an earlier order, the state govt issued a GO in 2024 constituting a high-level monitoring committee to curb and monitor the unauthorised constructions. It is not made clear by the authorities whether the committee is initiating all appropriate actions as directed by the govt. Hence, the judges directed the chief secretary to ensure that the high-level monitoring committee meets once a month as per the GO and submit a monthly report to the govt. The committee's functions must be periodically monitored by the govt and any inaction must result in appropriate action against the authority who failed to implement the GO, the judges added. The court was hearing a petition filed by M Daniel Simiyon Sudan seeking a direction to the authorities to remove an unauthorised construction of a rice mill in Punganur village in Srirangam taluk in Trichy district. The judges directed the authorities to initiate enforcement action by following the procedures as contemplated under the Act and Rules and demolish the unauthorised constructions, if any, identified, within eight weeks. The petition was disposed of.
Time of India
05-05-2025
- Politics
- Time of India
Punjab govt says Nangal Dam police deployment linked to India-Pak tension
Chandigarh: The Aam Aadmi Party govt in Punjab, which had on May 1 stationed a large police force under a DIG-rank official to take control of the Nangal Dam and its control room amid the water release impasse with Haryana, on Monday, explained it as a safeguard due to heightened India-Pakistan tensions following the Pahalgam terror incident. Information regarding Punjab's latest stand on the deployment of security was provided to the Punjab and Haryana high court by the counsel representing the Bhakra Beas Management Board (BBMB). The board's counsel placed on record an email before the bench in which Punjab clarified that the security was deployed in view of tension with the neighbouring country. However, the counsel told the HC that BBMB had got no such advisory from the Centre. The matter came up for hearing before the division bench of Justice Sheel Nagu and Justice Sumeet Goel on Monday in the wake of a petition filed by BBMB and two PILs filed by advocate Ravinder Singh Dhull and a village panchayat from Fatehabad in Haryana. After hearing the matter at length, the HC fixed the matter for 3pm on Tuesday for further hearing. The Punjab govt has also been asked to file an affidavit on the entire issue. BBMB approached the HC against the "forcible" takeover of the board's operations by the Punjab govt with the help of the police force. According to the board, the action of the Punjab govt is a direct infringement/interference in the statutory functioning of the board, which performs sovereign functions, and the state's action would lead to anarchy and lawlessness by the state itself. The board has sought directions to the Punjab govt to remove its police force deployed without any authority of law to forcibly take over the overall control of the operation and regulation of the Nangal Dam and Lohand Control Room water regulation offices. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Her Outfit Caught Everyone's Eye The Stadium True Edition Undo The HC was informed that BBMB has been consistently persuading the Punjab govt to desist from impeding the implementation of the board's decision and not to indulge in extra-legal actions in preventing the flow of water as decided in the board meeting. However, Punjab persisted in using force against statutory provisions for implementing a collective decision taken in accordance with the provisions of the Act and Rules. When the matter came up for hearing, counsel representing BBMB informed that additional water was released to Haryana for further distribution to Rajasthan in view of the scarcity of drinking water. Regarding Punjab's plea of security due to Indo-Pak tension, the board said that paramilitary forces are deployed for that. The board also said that its officers are not permitted to operate the dam. The counsel for Haryana informed that seven districts in Haryana have been facing a huge scarcity of water and around 2700 water works in Haryana have dried up. However, Punjab govt counsel submitted that it was not an issue of drinking water, but that Haryana has been given excess water for paddy sowing. Punjab's counsel also informed that in the agenda for the April 23 meeting, it was clearly mentioned that Haryana and Rajasthan have already utilised their quota or share of water. "Punjab is not backing out of its commitment to sharing water as per the agreed terms for which it had no objection in releasing 4000 cusecs of water to Haryana, but it will not give a single drop other than this. Haryana has miserably failed to utilise its share," counsel for Punjab told the HC.
