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Noting that the purpose of the act is to ensure buildings are constructed in accordance with the plan, a division bench of Justice S Vaidyanathan and Justice Krishnan Ramasamy said, "deviations can be permissible in accordance with rules to some extent, but not in its entirety. If such violations are regularised, the purpose of the act will be defeated, and the violators will enjoy occupying the violated portions and law-abiding citizens will be a laughing stock in the presence of the violators,” the bench added. It, however, made it clear that the building should not be occupied for any other purpose, much less residential purpose.“In most cases, after obtaining sanctioned plan, without adhering to the same, many number of floors are constructed without proper set back on all sides and later, an application is made to the authority concerned for regularisation. "The bench was passing the order while disposing of a plea moved by Mehraj Begum of Mannady in Chennai, challenging the lock and seal notice issued by the Chennai Corporation.As to the petitioner’s case, the bench pointed out that she had been issued a show cause notice to rectify the defects and then directed the authorities to de-seal the building for the purpose of rectifying the defects. ‘Regularizing violation defeats purpose of act’CHENNAI: Making light of the regularisation scheme for buildings that are built in violation of approved plans, the Madras high court has said authorities must disconnect electricity connection to such buildings till the violations are rectified.Though the Tamil Nadu Town and Country Planning Act permits regularisation of buildings, authorities cannot do so when the buildings are constructed in violation of sanctioned plan, it said.Whenever violations are found, authorities have to ask the occupier to rectify the defects and for that purpose alone, the building could be unlocked and unsealed and not for continuation of occupation in the violated portion, said the bench.
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