Mitali Palnitkar
Published On: December 26, 2021 at 13:45 IST
Madras High Court stated that the Indian Administrative Services (IAS) officers shall be stripped of their IAS cadre if they failed to comply with the Court Orders.
The Court, also stated that if non-compliance with the Court orders is observed then Fine will be secondary and Imprisonment will be primary.
The division Bench comprising of Justices R Vijaykumar and S Vaidyanathan stated, “Officers who are least bothered about the orders of this court and are not doing their duty must be shown the door and stripped off their IAS posts, as ignoring orders of this court would amount to being dishonest in their duty, besides disobedience.”
Despite issuing specific orders, several IAS officers who are dealing with applications under Section 80 A of Town and Country Planning Act, 1971 are not complying with the Court orders.
The Court referred to a demolition notice served to private firm and directed the Authorities of Greater Chennai Corporation (GCC) to use drones and ascertain the encroachment by inspecting the construction of buildings periodically and ensuring that the norms are being adhered to.
In case of Violations being found at the basement level, the approval for further construction would not be Granted, stated the Judges.
AHM Traders of Chennai, the main Petitioner stated that, the firm had been running a wood-scrap business. In 2005, it has raised a temporary shed but it was not converted into a permanent one. The GCC Authorities were seeking a copy of plan approval by issuing a Notice in the month of May. Later, the authorities made an attempt to demolish the structure in the month of October. The firm approached the Court to quash all the Demolition proceedings.
The Division bench dismissed the Petitions and directed the GCC Authorities to decide on the matter as per the time limit prescribed under the Act. Bench also asked GCC to conduct an inquiry on a daily basis without adjoining beyond seven working days and give an opportunity to the Petitioners.