Madurai
Indian Institute of Architects, Tiruchi, moved the Madurai Bench of the Madras High Court on Friday, challenging the Tamil Nadu Combined Development and Building Rules, 2019. The State government’s bid to combine all the existing building rules formulated under various Acts for corporations, municipalities, town and village panchayats under a new rule is unconstitutional, the Institute said.
According to the petitioner, D. Annamalai, chairman of the Tiruchi centre, the TNCDB Rules, 2019, went against the fabric and foundation of the 73rd and 74th Amendments to the Constitution, which emphasise the importance to panchayats and municipalities.
The uniform development and building rules would come in the way of planning in accordance with the populace and resources of particular localities, he said.
When the basis of planning parameters and building regulations were to be made area, zone or region specific, considering the physical and geographical conditions, climate and natural elements, population and growth, socio-economic and cultural activities, industrial and employment opportunities, availability of infrastructure and services, the single set of parameters for the entire State was illogical as lifestyles and activities of people varied for each region.
Also, the TNCDB Rules, 2019, claimed to be a combined and simplified single window system, were not so in reality. There was no change in handling of applications and approvals. The rules would be a stumbling block to the local needs and aspirations of local people. Further, the rules had not been updated in tune with provisions of the Architects Act, 1972. Engineers would be allowed to carry out plans, designs and drawings for buildings, an exquisite domain of architecture.
Pointing to the discrepancies, the petitioner sought a direction to declare TNCDB Rules, 2019, as unconstitutional. He also sought an interim injunction against the Department of Municipal Administration and Water Supply and the Department of Housing and Urban Development from initiating action under the Rules. A Division Bench of Justices N. Kirubakaran and S.S. Sundar heard the petition and adjourned the case to June.