Rent control proceedings no bar for civic body to order demolition: Madras HC

MADURAI: Pendency or dismissal of rent control proceedings for demolition and reconstruction would not be a bar for the Municipal authorities to order demolition of a building, observed the Madurai Bench of Madras High Court on Monday, while hearing petitions challenging the demolition order passed by the Madurai Corporation last year.  

Justice R Vijayakumar heard the petitions filed by two persons, who were running a restaurant and a sweet shop in two dilapidated buildings which they rented from Kasirajan. They claimed that the buildings were in a good condition and the demolition order was not legally sustainable as the authorities failed to issue notice to them or conduct an inspection of the premises before passing the order. 

Also referring to a rejection order passed by the Madurai Rent Controller in 2019 in an application filed by Kasirajan seeking possession of the property for demolition and reconstruction, the petitioners contended that when the rent control proceeding itself has been dismissed, the Municipal authorities do not have the jurisdiction to arrive at a different finding. However, Justice Vijayakumar held that the rent-control legislations and the municipal laws relating to the demolition of the building operate on two different fields depending upon the class of persons likely to be affected by the dilapidated nature of the building. 

Since the Madurai Corporation had ordered the demolition only after a portion of the building already fell down due to rain on May 4, 2021 and the engineer, who was assigned by the court to conduct an inspection, also reported that the building was in a dangerous condition that warranted the demolition of the structure, the judge upheld the demolition order and dismissed the petitions.