Buildings can be de-sealed only to correct plan violations, court

The Madurai Bench of the Madras High Court has ruled that buildings sealed due to unauthorized construction can only be unsealed for compliance work to align with approved plans. In light of this, the government is slated to convene this week. Judges S Vaidyanathan and D Bharata Chakravarthy warned that officials who permit buildings to be permanently unsealed, ignoring the infringement, will face departmental actions. The ruling also mandates that the chief and principal secretaries disseminate the judgment amongst all plan-sanctioning bodies.

The judgment is tied to a commercial complex in Madurai. Granted approval in February 2018 and completed in March 2021, the complex deviated from the sanctioned plan, leading to a stop-work notice and subsequent sealing by the Madurai corporation’s commissioner.

The developer’s appeal to unseal the property was denied, with the court highlighting that the complex exceeded the approved area by 2,821.71 sqm, a twofold deviation. Additionally, the court suggested that the government consider revising laws related to illegal structures, proposing that fines for such violations be substantial—up to ten times the commercial rate—even for residential properties. This, they noted, could bolster government funds and help avert fiscal crises.