HC raps CA for trying to save illegal building

A chartered accountant who knocked at the doors of the Madras high court to reopen his sealed unauthorized building found himself at the receiving end with the court ordering initiation of criminal proceedings against him.

M R Badrinarayana, a resident of Shanthi Colony in Anna Nagar, first constructed an unauthorized building on the open space reservation (OSR) land at the apartment complex where he was staying on rent, and then approached the high court when the corporation authorities sealed the building.

Claiming that he had obtained permission from the landlord and spent 25 lakh on the building meant for his office, Badrinarayana claimed that the corporation authorities had sealed the premises at the 'instigation' of his landlord who wanted to evict him at any cost.

A division bench comprising Justice Elipe Dharma Rao and Justice N Kirubakaran pointed out that the petitioner himself admitted that it was an unauthorized building. "The petitioner has admitted the illegality committed by him. When the corporation authorities initiated legal proceedings by sealing the property, he filed this petition as if some injustice has been meted out to him, ignoring the fact that he has no authority whatsoever to raise any construction in the OSR area," the judges said

Justice Elipe Dharma Rao said: "Having committed an illegality, now he is trying to throw the blame not only on the landlord but also on corporation authorities. This type of litigation, at the cost of the valuable time of this court, should not be encouraged."

The bench also directed the commissioner of Chennai Corporation to initiate suitable criminal proceedings against Badrinarayana for having lowered the dignity of their office. They shall also proceed with the sealing and demolition proceedings already initiated against the unauthorized building, the court said. (Times of India)