The Madurai Bench of the Madras High Court has dismissed a petition filed by a man who had sought building plan approval after construction.The court was hearing a petition filed by P. Mohan of Dindigul district. Admittedly, the petitioner constructed a building without obtaining building plan permission. After completion of the construction he made an application seeking building plan permission.The authorities said such an application seeking building plan approval after construction was not maintainable and they had no jurisdiction to grant building plan approval after construction.A Division Bench of Justices S.M. Subramaniam and A.D. Maria Clete observed that the power of regularisation of unauthorised construction cannot be a routine affair. The provision was to be used sparingly in exceptional cases where there was justification and reasoning.Building plan approval after construction is not contemplated under the statutes. The Supreme Court in unequivocal terms reiterated that the unauthorised constructions cannot be retained and are to be demolished by following the procedures as contemplated under the relevant statutes and rules in force, the court observed.The practice of filing petition after petition citing grounds which are untenable, cannot be the basis for stalling enforcement action initiated by the authorities under the provisions of the law. The petition is untenable and stands dismissed, the court observed. Published - September 11, 2025 08:31 pm IST
Plea seeking building plan approval after construction dismissed
Madras High Court dismisses petition seeking building plan approval after construction, emphasizing on demolition of unauthorized constructions.






