Supreme Court Reprimands CMDA for Overreach: Upholds Procedural Fairness in Urban Planning Enforcement.


07 November 2025 Special Leave Petition >> Civil & Consumer Law  

In a recent and important order, the Supreme Court of India warned the Chennai Metropolitan Development Authority not to overstep or act without sufficient grounds while discharging its powers under the statutory provisions of the Tamil Nadu Town and Country Planning Act, 1971. The case of Lalitha Mukundan and Another v. Chennai Metropolitan Development Authority and Another (SLP (C) No. 30822 of 2025) involved senior citizens who were co-owners of a residential property in Chennai and had moved the Court against the sealing of the apartment floor by the CMDA for alleged irregularities in construction.

The petitioners are the owners of the second and third floors of a residential complex called “Residency Apartments” located at Bawa Road, Alwarpet. A dispute arose when the occupants of the ground and first floors allegedly carried out unauthorized constructions by extending permanent structures into the common passages of the building. After the petitioners complained about these violations, the CMDA took remedial actions. Shortly thereafter, CMDA officials sealed the petitioners’ second-floor premises on the ground that they had erected an internal staircase and were operating consultancy services in a residential unit.

 

 

The petitioners approached the Madras High Court under Article 226 of the Constitution, but the High Court dismissed their writ petition on the ground of maintainability. Aggrieved, they moved the Supreme Court.

A Bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan took note of the facts and observed that the action taken by the CMDA was “on a very petty complaint” and the sealing of the entire second floor was unwarranted. The Court added that while the CMDA has a statutory responsibility to maintain discipline in urban development, such power has to be exercised proportionately and strictly in accordance with the law.

The Court, while refraining from intervening in the authority's domain, came down heavily on such overreach and ordered immediate removal of the seal on the petitioners' floor. It further allowed the petitioners to seek regularization of alleged violations under Section 49 of the Tamil Nadu Town and Country Planning Act within one week. The CMDA was to decide the application within fifteen days after granting a hearing. The Court also reminded the Authority to take into consideration the earlier reply given by the petitioners to the show-cause notice before proceeding further.

Importantly, the Court warned that in the future, arbitrary administrative actions would be taken seriously and that statutory bodies had to keep within the rule of law and avoid punitive excesses. This ruling emphasizes the moderate yet firm approach of the judiciary in weighing individual rights against administrative control. It underlines a clear expectation-that whereas adherence to town planning norms is important, procedural fairness and proportionality cannot be sacrificed in the name of enforcement.