Chennai (PTI): The Madras High Court on Tuesday set aside a Tamil Nadu Government Ordinance, granting moratorium for one year on demolition of illegal constructions in the city.
Holding that the July 2007 Ordinance was repugnant to the Constitution, a division bench comprising Chief Justice A P Shah and Justice V Ramasubramanian allowed the petitions filed by Consumer Action Group and others, challenging the Ordinance.
The bench directed the authorities to forthwith resume implementation of the previous order of the Division Bench for demolition of unauthorised constructions.
The bench said "in our opinion, the effect of the Ordinance was to nullify and to set at naught the decision of the Division Bench in the earlier petitions and to change the law retrospectively.
"What the Ordinance says is that notwithstanding the directions given by this court, the Chennai Metropolitan Development Authority and Chennai Corporation shall not take any action against the violators of the Town and Country Planning Act and the rules framed thereunder.
"We are constrained to observe that the impugned ordinance was a strange piece of legislature. Prima Facie, the Ordinance commands CMDA and Chennai Corporation not to enforce the directions given by the Division Bench for demolition of illegal constructions, confirmed by the Supreme Court," the bench added.
It further said "no legislature in our country has power to use the instrumentality of the State to disobey or disregard the decision of the court".