CHENNAI: Only 1% of all buildings in George Town area have been built in accordance with development control rules, corporation of Chennai told Madras high court, prompting the latter to question authorities as to how unauthorized buildings were being assessed for tax and given water, electricity and sewerage connections.

Chennai Corporation conceded to the court that out of 11,304 buildings inspected by its officials in the George Town area, only 72 buildings were found to have been built in accordance with rules. “From the preliminary survey that merely 1% of the buildings are built without any deviation,” the civic body told the court.

Taking judicial note of this data, the court then asked the authorities to render unauthorized buildings ‘unoccupiable, by not providing them water, electricity and sewerage connections to the so-called ‘legally constructed portions’ of the building.

The bench comprising Chief Justice Sanjay Kishan Kaul and Justice T S Sivagnanam, making it clear that the only action that needs to be taken in case of illegal buildings is to seal the entire building till the owner puts it in conformity to the sanctioned plan, said: “Building plans are obtained and construction is made with impunity, violating all norms. Still the property is sought to be assessed for property tax, apart from grant of electricity service connection, water and sewerage connections, tacitly on the ground of legally constructed portion.”

The bench was passing orders on the PIL filed by social activist Traffic Ramasamy on Friday.

The judges then directed housing, municipal administration and water supply departments, CMDA and Chennai corporation to place before the court a plan of action “as to how the process will now be established to ensure that such buildings are not made capable of occupation.”

It is not a solution to say that a part of the building was legal as it had been constructed as per sanction plan, when the whole building in question is prima facie illegal, the bench said, adding: “These constructions are not in the nature of additional construction, which may be capable of being regularized, but of extra floors being constructed.”

It all began with Ramasamy’s PIL seeking action against illegal constructions in the George Town area, especially Sowcarpet and its vicinity. On August 7, 2014, the court had ordered inspection of each building in George Town area within three months and notice to be issued to unauthorized constructions.

Of the 11,304 buildings, 10,381 did not have set back at all, while 731 had certain deviations in set back.

The CMDA, in its report, told the court that government’s exemption scheme for unauthorized constructions would be applicable to buildings built before the cutoff date of July 1, 207. However, a set of guidelines ot implement the amended provision of the Tamil Nadu Town and Country Planning Act, 1971 was yet to come. Scrutiny of applications made by owners of unauthorized constructions would be taken up after the guidelines are framed, it said.

The bench posted the matter to December 18 for further contempt of court proceedings.