Madras High Court said due to unauthorized constructions by builders, planned development will remain a pipe dream

Madras High Court

In this case Madras High Court while driving to demolish unauthorized construction in Tiruchirappalli, said that due unauthorized construction by builders, the planned development will remain pipe dream though various enactment are in force to achieve those planned developments. The case was G. Shanmugasundar V/S The Principal Secretary to Government and others. [(Mad)20 of 2023][W.P.(MD) No. 23772 of 2022]. The case was presided by THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR.JUSTICE J. SATHYA NARAYANA PRASAD.

Facts of the cases

  1. The petition was filed by G Shanmugasundar, who along with his brother owned some land in Tiruchirapalli. They entered into a joint venture agreement with the promoter for construction.
  2. The petitioner submitted that the petitioner’s brother had deviated from the approved plan and made unauthorized construction. Further, the Electricity Board Transformer was unauthorizedly shifted contrary to original planning permit.


The court agreed that the constructions were made in deviation of the approved planning permit. The promoter had also encroached the Highways Road, it said. Further, even though the court had previously ordered for removal of the encroachment, no action was taken by the promoter to get revised planning permit or by the authorities to remove the encroachment. Citing various judgments of the Supreme Court and the High Courts, the bench noted that the courts, the bench noted that the courts have time and again ruled in favour of demolition of unauthorized construction thus sending strong warning signal to perpetrators of such offences. Thus, court ordered for demolition of unauthorized construction thus sending building including Electricity Board transformers according to the plan approval granted by the competent authority, forthwith, without causing further delay.

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