IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30-08-2018 CORAM THE HONOURABLE MR. JUSTICE [ENTITY] W.P.No.6609 of 2017 [ENTITY] Petitioner Vs. 1.The [ENTITY]. 2.The [ENTITY]. 3.The [ENTITY]. 4.The [ENTITY]. 5.The [ENTITY]. 6.Dr.[ENTITY], Faith Multi-Specialty Hospital, No.33/17, Sannathi Street, Villivakkam, Chennai-600 049. Respondents PRAYER: Writ petition is filed under [SECTION] of the [ACT] praying for the issuance of a Writ of Mandamus, directing the third respondent to remove the Generator, which was placed in front of the petitioner premises abutting the front wall of her house property by encroaching the land belonging to the Chennai Corporation. For Petitioner : Mr.[ENTITY] For Respondents-1to5 : Mr.[ENTITY], Additional Advocate General-IV Assisted by Mr.[ENTITY] For Respondent-6 : M/s.[ENTITY] O R D E R
Prelude:
[ENTITY] said Earth provides enough to satisfy every man's need, but not every man's greed.
Any system of Government can fail if people do not show scrupulous honesty and a feeling of brotherhood. Corruption is increasing in our country. Is everyone then going to think only of himself and not all of India?. Corruption has now becomes worst than before. Restraint from it has practically gone. Corruption will go when the large number of persons given unworthily to it, realise that, the Nation does not exist for them to exploit, but that they exist to serve the Nation. This requires morals and extreme vigilance on the part of those, who are free of taint. Indifference will be criminal.
2. This Court utilise this opportunity through the present writ petition, at least to bring certain realities of the consequences of corruption and attempting to made a little effort to provide some suggestions for the purpose of minimising the corruption, which may not be possible to eradicate the corruption.
3. The loss occurred to this world on account of the illegal acts of the criminals, are lesser than that of the losses happened on account of the inactions of the persons, who have knowledge about the laws, culture and the values of life.
4. Undoubtedly, the corruption is a common phenomenon in our Great Nation. However, in certain areas and in certain Departments and in some States, across the country, it is being controlled to some extent and in certain State Organisations, it is continued beyond repair. This Court is of an opinion that Chennai Corporation is one such Organisation, where the corruption is rampant and prevailing in all stages and in all transactions except few. Corruption becomes a Rule now. The Corrupt persons made it as a Rule. Bribes are not given to circumvent the Law or to relax the Law. Bribes are given even to uphold the Law. Bribes are offered to get the rights of the citizen. Such is the worst form, where every citizen of this Great Nation, should realise that situation is in an extreme form of greediness and, inactiveness both amongst the common man as well as the Executives concerned made it worse.
5. This Court is prompted to go into the issue in view of the fact that there are no effective guidelines or effective mechanism to control and minimise the corrupt activities in Chennai Corporation. Men are coming functioning as Executives and going. The IAS level Commissioners are also functioning with an idea to pass on their tenure in Chennai Corporation in a routine manner. Such IAS Officers are pretty sure that they will be transferred and therefore, they are not concentrating much on this area. Contrarily, they are keen in passing on their tenure, so as to get rid from these evils. Even the honest Officers are also inactive in respect of initiating drastic measures to minimise the corrupt activities in Chennai Corporation. This Court wishes to remind to those Officers that they are also violating their pledge and oath taken at the time of joining the prestigious Indian Administrative Service. These IAS Officers are not subordinates and they have got bounden duty towards the [ACT]. The independency of the Executives are also ensured under the [ACT]. They are not functioning under the Political Higher-Ups. They are functioning independently and they are bound to act in accord with the [ACT]. Thus, the IAS Officials, who are heading such Institutions and the Governmental Organisations, are bound to remain themselves that they are independent and their actions must be only in accord with the [ACT] and they must be courageous in bringing down all such evil consequences of corrupt activities prevailing in public organisations.
6. Humpty number of phenomenal judgments delivered by the Courts across the country for number of years highlighting the evil consequences of corruption. However, those judgments yielded no results in respect of minimising the corrupt activities. Those judgments are remaining in the Law Magazines and records. However, the same did not yield any result to control the corrupt activities in Governmental Organisations. The Legislatures also enacted various Laws with a fond hope that they can control corruption. However, those Laws are diluted and submerged by further corrupt activities by the prosecutors, investigation officials and least by the citizen of this country. Citizens are greedy in achieving their goals, through shot cut methods.
7. It is unworthy to blame the Public Officials alone. It is certainly worthy to blame the common man also, who offers bribe to such Public Officials. Thus, the contribution of the common man is not only for an increased corruption but also a cause for encouraging the corrupt activities. The Laws, though permits to book the common man, who gives bribe, this Court is of an opinion that there is absolutely no action on the part of the Authorities Competent to prosecute those common men, who offer corruption to the Public Officials. It is a combined action, which is required for controlling the corrupt activities. We cannot always blame the public servants, who receive corruption. Equally, the person, who offers bribe is also responsible and to be treated as criminal for the purpose of prosecution under the provisions of [ACT].
[ACT]al Perspectives:
8. The preamble of the [ACT], we the people of India, having solemnly resolved to constitute India into a sovereign socialist secular democratic republic and to secure to all its citizens; Justice, social, economic and political; Equality of status and of opportunity; and to promote among them all; Fraternity assuring the dignity of the individual and the unity and integrity of our Nation.
9. Each word in the preamble of the [ACT] is a concept and the soul and cannot be compared with the dictionary meanings. It is inappropriate to restrict the meaning of the words employed in the preamble of the [ACT]. The meaning certainly travels beyond its literal meaning. Every word is a philosophy and the ethos of the [ACT]. We the people of India indicates that every citizen of this country is bound by and responsible and duty bound to ensure that the constitutional principles, perspectives, philosophies and ethos, are preserved, protected, projected and implemented in all respects, so as to ensure that our Great Nation is being flourished.
10. This Court raises a genuine doubt whether justice, social, economic and equality of status and opportunity and promote all citizens of this country can happen, when there is a large scale corrupt activities are increasingly developed. Certainly not in a growing corruption, the philosophies and ethos of the [ACT] are darkened. Growing corruption will diminish the implementation of the real spirit of these concepts visualised and enumerated by the Makers of the [ACT]. For example, equality of status and opportunity and to promote amongst them all, is possible only if the corrupt activities are at least minimised, if not eradicated. Controlling the corruption is also to be construed as a constitutional mandate. If these constitutional directives, perspectives and mandates are to be achieved, then all concerned should thrive hard to ensure that the corrupt activities are controlled and minimised in our Great Nation. In the absence of controlling the evils of corruption, we will not be in a position to achieve these constitutional perspectives.
11. Large number of groups are thriving hard to dilute the constitutional principles by encouraging and indulging in corrupt activities. It is the duty of the right thinking persons to ensure that those evil forces are dealt with iron-heart and iron-hand and those culprits are booked under the Laws in force and appropriate punishments are imposed. However, citizen of this great country should ensure that such corrupt Officials and the persons, who are offering bribe, are equally prosecuted and punished in accord with law.
12. Every Article in the [ACT], as a whole, if read, then this Court is of an opinion that all such developments, all such visions and the ideologies culled out by the [ACT]al Makers can be achieved only if the large scale corruptions are controlled and minimised. The development of corrupt activities and encouragement of corrupt activities, by the citizen, will certainly diminish the implementation and the developmental activities of our Great Nation in accord with the [ACT]. Thus, the corrupt activities are to be declared unconstitutional and the actions must be stringent and the procedures and the method of implementation of [ACT] require a drastic change and the Government and the Competent Authorities are bound to review the entire circumstances prevailing in the public organisations and, at the Government level and, ensure that the corrupt activities are not only controlled but minimised.
13. Mere glorification of the ideas and the ideologies of the [ACT] will not of any avail for achieving the goals set out in the [ACT]. Stability of the [ACT] is vital for building our Great Nation. Though Nation Building is the concept enumerated in the [ACT], such a Nation Building rest on the stability of the [ACT]. If the stability is shakened, then the developmental activities are curbed.
14. Let us now see that corruption as a phenomenon to shaken the stability of the [ACT] or not. The answer is 'Yes'. Corruption shakes the stability. If the corruptions are increased to such an extent, how we are going to achieve the constitutional principles of justice, social, equal opportunity and other philosophies. When the corruption is rampant, how it is possible to uphold the equality laws and it may not be possible to provide equal opportunity. Thus, all such corrupt activities are to be declared as unconstitutional and every public organisations should realise that these evil of corruption causes not only discrimination, but also blocks the developments of our Great Nation.
15. Lamenting about corruption or shedding crocodile tears by the common men are of no avail to find out the solution to prevent the corruption. Strong and courageous actions are highly warranted to deal with all kinds of corruption in our Great Nation. Corrupt public servants are to be declared as anti-social elements. All those public servants are to be named and shamed in the public parlance. Right persons in the right posts in the right places must be adopted as a Mantra. Of course, a political will and conviction is also required for the implementation of these constitutional philosophies. In this regard, the State should educate the Officials employed in Anti-Corruption Organisation that the bribe givers are also to be prosecuted in accordance with the provisions of law. Blaming the public servants alone will not be a solution for the evil consequences.
16. The very evil concept of corruption is a complex one and even from the primitive stage, the corruption is enforced in the Society. However, various forms of corruption now gone to such an extent that the very constitutional principles are in danger. Undoubtedly, it is difficult for the Governments to stop in entirety. More specifically, the State of Tamil Nadu is also one of the State, wherein highest level of corruption is in existence. Statistically, we all are aware that the State of Tamil Nadu is also a highly corrupt State in respect of Governmental Organisations and amongst the public servants. Various measures are taken, however, no fruitful results are yielded. The authorities never thought why such actions are not yielding any results. But no such debate or discussions are conducted by these Officials. Contrarily, they are going on propagating that they are having excellent Laws to control and prevent the corruption. They are having a separate department of Vigilance and Anti-Corruption. The State says that they are having efficient and effective officials to control the corruption. But all remain as an empty formality and the so called efficient officials and the efficient laws, which all are unable to work in its real spirit and therefore, the corruptions are still in the form of growing and the people are almost frustrated and fed up with these kind of areas like Vigilance and Anti-Corruption Department and Vigilance Cells in various Governmental Organisations.
17. Computerisation has been introduced. Online transactions are also increased. Question arises whether such establishment of computerisation has minimised the corrupt activities in the Governmental Organisations. Certainly not. Even after the computerisation of the administrative procedures, the corruptions are growing. The authorities are not taking steps to identify the areas of corruption and how to deal with such corrupt activities. No steps are taken. Contrarily, they are going on improving the administrative procedures without concentrating how to minimise the corruption. In the event of improvising the computerisation and other procedures, will not be of much use, if the corrupt activities are not controlled, then the advancements and the improvements made will not provide much progress unless the corrupt activities are controlled. It is equally important to ensure that all corrupt activities are minimised.
Facts of the case:
18. The petitioner claims that she is the absolute owner of the house, ground and premises bearing Door No.33/16, as well as Door No.33/17, Sannathi Street, Villivakkam, Chennai  600 049 and the said two properties are the ancestral properties of the writ petitioner and she inherited the same and the petitioner is residing in the said property at Door No.33/16, Sannathi Street for several years and the house property bearing Door No.33/17 was let out to the 6th respondent / Hospital, which is run by Dr.[ENTITY] under the name and style of Faith Multi-Speciality Hospital.
19. When the 6th respondent started the hospital with all facility, all of a sudden, during the year 2013, the 6th respondent has placed and erected a big Generator over the road and leaning on the front side wall of the house property of the writ petitioner. The said Generator has been placed over the Corporation Land without any cover and the Generator commission, has is of huge capacity and creating lot of Noise Pollution and Smoke Pollution and other kind of nuisance in the street. This apart, such a huge Generator is posing danger to the life of the Passers-by in the street and causing great nuisance. The petitioner sent complaints in writing to the Corporation authorities and no action has been taken by the respondents/Corporation authorities. Thus, the writ petitioner is constrained to move the present writ petition.
20. The grievances of the writ petitioner is that the huge Generator commissioned by the 6th respondent in the Corporation road is not only causing nuisance and pollution to the writ petitioner, but it poses danger to the Passers-by and causing inconvenience to the road users. On account of inaction by the Corporation, the writ petitioner has filed the present writ petition. The second respondent/The Zonal officer filed a counter statement by stating that the 6th respondent has constructed unauthorized construction in the terrace of the building by converting the same into hospital and using the same. This apart, the petitioner herself has filed a Rent Control Proceedings against the sixth respondent in [CASE NUMBER] and the case is pending. On verification, it was found that the petitioner herself has permitted the 6th respondent to put up the Generator in front of her wall. The property was inspected and further actions were taken in accordance with the provisions of the [ACT] and appropriate notice was issued to the writ petitioner also. The 2nd respondent states that appropriate actions were taken in respect of the encroachment of the Corporation area by the 6th respondent.
21. Except the 2nd respondent, no other respondents have filed any counter statement.
22. When the matter was taken up for hearing on 13.08.2018, this Court asked the [ENTITY] to be present and explain, why such huge building violations and unauthorized constructions and rampant corruptions are unable to be controlled by the Corporation. Day-by-day, the corrupt activities of the officials are increasing and consequently, the unauthorized constructions are also developed to the maximum and the people are put under hardship in Chennai City. The living condition of the Chennai Corporation residents are horrible and at all levels. Corruptions are existing to the maximum and the authorities of the Corporation are making this kind of tips of corruption as a rule. Citizens, who all are also greedy of completing their jobs quickly and they are also encouraging such corruptions. People are not willing to stand in the queue to redress their grievances through Chennai Corporation. Contrarily, each person, who wants to get the services of the Chennai Corporation are competing each other and affording more corruptions in order to settle their grievances at the first instance. These are also one of the reasons for increasing corrupt activities. This apart, the interference of the local politicians are also considerably causing greater hardship to the common man residing in Chennai City, while approaching the Corporation for building plan approval or even during the commencement of construction and proceeding with the construction activities. Under these circumstances, this Court asked the Commissioner to submit a report, what all are the measures taken by Chennai Corporation in this regard to control and minimise the corrupt activities and all other building violations and unauthorized buildings. The [ENTITY] filed a report on 25th August 2018, setting out certain details, which reads as under:
3.I hereby respectfully submit the following:
A. Plan approvals in the state of Tamil Nadu are accorded by Directorate of Town and the Country Planning(T & CP), Chennai Metropolitan Development Authority(CMDA), Greater Chennai Corporation(GCC) and other Local Bodies. All these Planning Authorities come under the Department of Housing and Urban Development, Government of Tamil Nadu.
B. The Directorate of Town and Country Planning is regulated by the [ACT] and [ACT]; the CMDA is regulated by [ACT] and the [ACT] and the Greater Chennai Corporation is regulated by the [ACT] and the [ACT] framed thereunder. These Authorities function in their respective independent areas.
C. Planning approvals are accorded by Chennai Corporation in the following cases:
(i) Residential  Stilt + 2 floors with 6 dwelling units up to a height of 9 meters with unlimited built-up-area.
(ii) Commercial  Stilt + 2 floors up to a height of 9 meters with maximum built up area of 300 sq.m.
(iii) Industries-Maximum height of 15.25 meters with: Unlimited built up area; Maximum H.P.requirement of 200 H.P; Maximum of 100 labours.
(iv) Institutional  Maximum height of 15.25 meters with unlimited built up area.
(v) Anything beyond the above, the Planning Approval will have to be approved by CMDA.
E. Procedures followed in Greater Chennai Corporation for issuing approval to construct building:
i. Old building(if any) will have to be demolished after obtaining demolition permit and payment of charges.
ii. An application shall be made as per the [SECTION] of [ACT] and as per [SECTION] of [ACT] wherein application for approval of sites & title opinion and parameters are set out.
iii. After building approval is granted a demandadvice for building permit is issued.
iv. License fees for the Building approval is to be paid v. Completion Certificate is required for building with 4 dwelling units and above, Commercial Buildings, Institutional Buildings to which Building Permits are issued after 01.02.2018. The proceedings issued by the CMDA in respect of requirement and issuance of Completion Certificate is annexed herewith as Annexure-I. vi. The powers are delegated to the respective Zonal Executive Engineers for issuance of approval.
Vii. The application shall be made online in the portal of Greater Chennai Corporation.
Viii. The plan for the proposed development has to be submitted online. The plan will be scrutinized online and checked for the compliance of the [ACT] and Building Rules.
ix. If any of the parameters has not been compiled with, the same will be informed online through a report.
x. After compliance of the parameters for the building plan, the application to be submitted online along with the particulars pertaining to the plot such as title deeds, patta, encumbrance certificate, the title deeds, patta, are to be scanned and uploaded for verification along with payment of admission fees.
xi. After submission of the planning permission application the details are forwarded online to the concerned Assistant Executive Engineer of Greater Chennai Corporation for processing of the application.
Xii. The time frame for processing the applications has been fixed and observed as follows:
Sl.No Description of Process Time Period Site Inspection Within 5 days from the date of receipt of the application.
Letter to the applicant calling for additional particulars.
Within 10 days from the date of receipt of the applicant.
Furnishing additional particulars by the applicant which are called for.
Within 14 days from the date of receipt of the letter calling for additional particulars.
Approval for issuing demand advice.
Within 30 days from the date of receipt of the application.
Xiii. The planning permission application are processed by the Zonal Executive Engineer and Assistant Executive Engineer as per the above mentioned time period.
Xiv. The planning permission application approval are issued online by the concerned Zonal Executive Engineer within 30 days time period to the applicant if all the documents are submitted by applicant are found to be in order.
F. The following procedures are adopted for taking enforcement action against the unauthorized / deviated constructions.
i. The powers are delegated to the respective Executive Engineer for taking enforcement actions to curb unauthorized / deviated construction within Greater Chennai Corporation.
ii. For Taking effective enforcement action a proceedings was issued by the Member Secretary, CMDA vide proceedings in [CASE NUMBER] dated 02/12/2016 delegating the following powers to the Local Bodies within Chennai Metropolitan Area. The same is annexed herewith as Annexure  II. The operative portion of the said proceedings is extracted and submitted below:
In respect of the buildings for which planning permission and building permit issued by Greater Chennai Corporation / Municipality / Town Panchayats / Panchayat Unions within Chennai Metropolitan Area(CMA), the concerned Local Bodies shall invoke the provisions of [SECTION] and [SECTION] of [ACT], to lock and seal the buildings wherever there is a deviation to the approved plan / unauthorized additional floors constructed in violation over and above the approvals given by them in the planning permission and thereafter to remove all unauthorized constructions.
The local bodies in CMA viz., Greater Chennai Corporation(Municipalities / Town Panchayats / Panchayat Unions also take action against all types of buildings(irrespective of no of floors) constructed unauthorizedly / without any statutory approval required under [SECTION] of [ACT] by involving the [SECTION] & [SECTION] of the said Act.
The local bodies shall issue notices wherever there is unauthorized development carried out and should take steps immediately to stop such type of unauthorized developments by invoking [SECTION] of [ACT] and proceed with subsequent enforcement action by invoking the [SECTION] & [SECTION] of [ACT].
Chennai Metropolitan Development Authority shall take enforcement action under [SECTION] & [SECTION] of [ACT] on these cases for which CMDA has issued planning permission. iii. Accordingly, the enforcement actions are being taken by Greater Chennai Corporation for the buildings constructed in deviation of the approved plan issued by Greater Chennai Corporation and to the buildings constructed unauthorizedly without any statutory approval.
iv. The Assistant Engineers / Junior Engineer of the Division will make site visit periodically and identify the unauthorized / deviated construction and initiate action to issue necessary notice and undertake further action for locking and sealing of the premises along with unit Assistant Executive Engineers and Zonal Executive Engineer.
4. It is respectfully submitted that, the enforcement actions are being taken by Greater Chennai Corporation against the unauthorized / deviated by following the above procedure. Further, it is submitted that the deviated buildings are identified and notices are issued to rectify the deviations noticed. In this regard, it is brought to the kind attention of this Hon'ble Court that all the notices issued are system generated by following online process in a transparent manner.
5. I Submit that the unauthorized / deviated buildings are identified and the building owners are instructed to rectify the deviations. Further as and when complaints are received against the unauthorized / deviated buildings, site inspections are carried out for taking necessary enforcement actions.
8. In this regard, it is respectfully submitted that, the following measures are taken to reduce deviations and violations.
a) Greater Chennai Corporation officials along with the other works have taken enforcement actions and have locked and sealed 372 buildings in the recent past.
b) Greater Chennai Corporation has made completion certificate mandatory for ordinary buildings with 4 dwellings units and above and all commercial and Institution buildings for availing Electricity, Sewage and Water service connection with effect from 01/02/2018 to curb the deviated / unauthorized construction.
C) Greater Chennai Corporation has delegated powers to the Zonal Executive Engineer to take effective enforcement action to avoid time delay in taking necessary actions.
d) As per the suggestion of the Hon'ble High Court in the [CASE NUMBER] a separate enforcement squad for supervision of the unauthorized / deviated construction has been formed in Greater Chennai Corporation.
e) The enforcement related activities are made online to ensure transparency.
10. The Unauthorized / deviated buildings are identified by zonal executive / division assistant / junior engineers and necessary actions are taken to lock and seal the premises and thus discontinue the occupation of the premises by the owners / tenants of the buildings which are already occupied. The service connections Viz., TNEB, Water and drainage are discontinued. The buildings which are locked and sealed are continuously watched to ensure that the buildings are kept under lock and seal condition.
11. Further, it is respectfully submitted that, with regard to unauthorized / illegal constructions and deviated constructions in the recent past, 48 Disciplinary actions have been initiated against the officials based on the reports from CB-CID-1 case, Directorate of Vigilance and Anti-Corruption-10 cases, Trap and Arrest cases  8, Corporation Vigilance cases  7 and 22 cases were registered based on inspection. For all the above said 48 cases, charges have been framed and departmental disciplinary action has been initiated. In the 8 'trap and arrest' cases, concerned officials have been placed under suspension and the cases are pending before the designated Court for [ACT]. It is submitted that inspections are conducted and actions are being initiated.
12. Further, with regard to the public grievances, it is submitted that, complaints on issues such as removal of non-burning of street lights, unauthorized / deviated construction, etc., were received from the public in manual and actions were taken accordingly. Now, in order to improve the access, complaints are received through Electronic means, such as through Complaint Telephone No.1913, online Public grievance redressal and NAMMA CHENNAI MOBILE APP. Based on the complaints received in these types of communications, a total of 5976 with respect of complaints against the unauthorized / deviated constructions were received and all these complaints were addressed.
15. With regard to taking actions against the officials, as submitted earlier it is stated that, the Directorate of Vigilance and Anti-Corruption have registered a total of 26 cases, including 8 nos. of 'Trap and Arrest' cases in connection with the unauthorized / deviated constructions, under the [ACT] against the Corporation officials and the cases are pending before the Designated Court for Vigilance and Corruption cases. The concerned officials involved in these case are placed under suspension and some were also not permitted to retire. Further it is submitted that out of 26 cases, convictions have been handed over to 4 delinquent officials and punishments such as removal from service and dismissed from service were awarded.
16. With regard to the details of the functioning of the vigilance cell, it is respectfully submitted that, the Vigilance Cell of Greater Chennai Corporation is headed by a Vigilance Officer  in the cadre of Deputy Superintendent of Police and two Inspectors of Police from Police Department, along with administrative staffs from Greater Chennai Corporation. The Vigilance Cell conducts inquiry on the complaints received, both from the staff and public, and submit a report to the Commissioner. Based on the report, the [ENTITY] gives necessary orders to initiate departmental disciplinary action against the defaulted officials. In the recent past, the Vigilance Cell has recommended 107 cases(including 7 unauthorized construction cases) for departmental disciplinary action and in all those matters suitable disciplinary action has been initiated against the concerned officials.
17. Further, with regard to the verification of property particulars, it is submitted that, as per the [ACT] and The [ACT], Property particulars, both at the time of entering into service and the current details, are obtained from each and every employee of Greater Chennai Corporation and details are enclosed in the Service Registers of the concerned employee. This is monitored by the concerned Head of the Department, the Zonal Officers of the Greater Chennai Corporation. Further, with regard to disproportionate wealth from known sources of income, the Tribunal for Disciplinary Proceedings(TDP), constituted under the [ACT] have registered 4 cases. In one of the cases, a Junior Engineer was immediately convicted and he was dismissed from the service by the Greater Chennai Corporation and other 3 cases are pending before TDP.
18. Further, with regard to the steps taken to control the corrupt activities in Greater Chennai Corporation, actions are being taken, by conducting inspection by the Vigilance Cell, on receiving complaints received via online, Namma Chennai App, Complaint Telephone No.1913 and manual modes. Necessary actions are taken to monitor the corrupt activities in Chennai Corporation and also the Directorate of Vigilance and Anti-Corruption registers cases by conducting trap and arrest cases, in connection with the corruption related activities.
23. Let us now consider the reports submitted by the [ENTITY].
24. In paragraph 3 of the report, the Commissioner narrates the legal position in respect of grant of Plan approvals. The procedures followed in Greater Chennai Corporation for issuing approval to construct a building also has been narrated in detail. Paragraph 3(F) of the report enumerates the procedures adopted for taking enforcement action against the unauthorized / deviated constructions. Paragraph 8 speaks about the actions taken to reduce deviations and violations.
25. Importantly in respect of Vigilance Cell, it is stated in the report that in the recent past, 48 Disciplinary actions have been initiated against the officials based on the reports from CB-CID  1 case, Directorate of Vigilance and Anti-Corruption - 10 cases, Trap and Arrest cases  8, Corporation Vigilance cases  7 and 22 cases were registered based on inspection. In respect of those cases, charges have been framed and departmental disciplinary actions have been initiated. The Trap cases are pending before the competent Criminal Court of Law. The complaints are received through Electronic means, Telephone and through Online Public Grievance Redressal and NAMMA CHENNAI MOBILE APP.
26. It is further stated that the Vigilance Cell of Greater Chennai Corporation is headed by a Vigilance Officer  in the cadre of Deputy Superintendent of Police and two Inspectors of Police from Police Department, along with administrative staffs from Greater Chennai Corporation. The Vigilance Cell conducts inquiry on the complaints received, both from the staff and from the public, and submit a report to the Commissioner. Based on the report, necessary orders are issued instituting departmental disciplinary action. The Vigilance Cell recently has recommended 107 cases(including 7 unauthorized construction cases) for departmental disciplinary action and all those matters, suitable disciplinary actions have been initiated against the concerned officials.
27. Further, the affidavit filed on behalf of the Secretary, Greater Chennai Corporation, reveals the details of the disciplinary proceedings initiated against the Officials. Right from the year 1999, 107 cases were booked under the [ACT]. Out of which, 35 cases of suspension and 72 cases of disciplinary actions. On a perusal of the entire Chart, most of the remarks column are blank and the result of those disciplinary actions are not stated in the affidavit. It is pertinent to note that out of 107 cases, in one case of [ENTITY], Tax Collector, a punishment censure was issued on 29.10.2003 and in the case of one Pillayar Driver, who was suspended from 5.9.2013 to 14.10.2013, in all other cases, the remarks column is absolutely blank and the nature of punishment imposed are the details of the final orders passed in the disciplinary proceedings have not been stated. On a perusal of the 107 cases of disciplinary proceedings initiated for the past 30 years, this Court is of an opinion that it is an alarming factor that there is no final orders are passed in respect of many cases. In some cases, meagre punishments were imposed and they were either reinstated or allowed to retired from services. The very functioning of the establishment in respect of dealing with the officials, shows maladministration in Chennai Corporation. In respect of 27 criminal cases of trap, the cases are pending and only in five cases, the employees were dismissed from service. All these 27 cases are from the year 2007 onwards. The statistics now provided before this Court shows that there is no efficient functioning of establishment in respect of dealing with the corrupt officials of the Corporation.
28. It is further stated that in respect of the disproportionate wealth and verification of the properties (both movable and immovables) of the employees of Greater Chennai Corporation are enclosed in the Service Registers concerned and the same has been monitored by the concerned Head of the Department, the Zonal officers of the Greater Chennai Corporation. In respect of any discrepancies, the disciplinary proceedings were initiated and the matter has been referred to the Tribunal for disciplinary proceedings(TDP). Already 4 cases were registered.
29. In respect of corruption, the Hon'ble Supreme Court of India, in the case of [PRECEDENT], and the relevant paragraph 8 is extracted hereunder:
8. Corruption in a civilised society is a disease like cancer, which if not detected in time, is sure to maliganise (sic) the polity of the country leading to disastrous consequences. It is termed as a plague which is not only contagious but if not controlled spreads like a fire in a jungle. Its virus is compared with HIV leading to AIDS, being incurable. It has also been termed as royal thievery. The socio-political system exposed to such a dreaded communicable disease is likely to crumble under its own weight. Corruption is opposed to democracy and social order, being not only anti-people, but aimed and targeted against them. It affects the economy and destroys the cultural heritage. Unless nipped in the bud at the earliest, it is likely to cause turbulence  shaking of the socio-economic-political system in an otherwise healthy, wealthy, effective and vibrating society."
30. The Hon'ble Supreme Court of India, in the case of [PRECEDENT] and the relevant portion of this judgment is extracted hereunder:
32.It is difficult to accept the prayer of the respondent that a lenient view be taken in this case. The corruption by public servants has become a gigantic problem. It has spread everywhere. No facet of public activity has been left unaffected by the stink of corruption. It has deep and pervasive impact on the functioning of the entire country. Large-scale corruption retards the nation-building activities and everyone has to suffer on that count. As has been aptly observed in [PRECEDENT]
31. The Hon'ble Supreme Court of India, in the case of [PRECEDENT] and the relevant portion of this judgment is extracted hereunder:
6.It is sad but a bitter reality that corruption is corroding, like cancerous lymph nodes, the vital veins of the body politic, social fabric of efficiency in the public service and demoralising the honest officers. The efficiency in public service would improve only when the public servant devotes his sincere attention and does the duty diligently, truthfully, honestly and devotes himself assiduously to the performance of the duties of his post. The reputation of being corrupt would gather thick and unchaseable clouds around the conduct of the officer and gain notoriety much faster than the smoke. Sometimes, there may not be concrete or material evidence to make it part of the record. It would, therefore, be impracticable for the reporting officer or the competent controlling officer writing the confidential report to give specific instances of shortfalls, supported by evidence, like the remarks made by the Superintendent of Police. More often, the corrupt officer manipulates in such a way and leaves no traceable evidence to be made part of the record for being cited as specific instance. It would, thus, appear that the order does not contain or the officer writing the report could not give particulars of the corrupt activities of the petitioner. He honestly assessed that the petitioner would prove himself to be an efficient officer, provided he controls his temptation for corruption. That would clearly indicate the fallibility of the petitioner, vis-`-vis the alleged acts of corruption. Under these circumstances, it cannot be said that the remarks made in the confidential report are vague without any particulars and, therefore, cannot be sustained. It is seen that the officers made the remarks on the basis of the reputation of the petitioner. It was, therefore, for him to improve his conduct, prove honesty and integrity in future in which event, obviously, the authority would appreciate and make necessary remarks for the subsequent period. The appellate authority duly considered and rejected the contention of the petitioner. Repeated representation could render little service. Rejection, therefore, is neither arbitrary nor illegal."
32. The Hon'ble Supreme Court of India, in the recent case of Neera Yadav Vs. Central Bureau of Investigation reported in (2017) 8 SCC 7[SECTION] and the relevant portions of this judgment are extracted hereunder:
Corruption paralyses the functioning of the key areas of the State administration."
"The practice of promoting the interest of few individuals to the detriment of many others is wholly reprehensible and deserves to be condemned".
"55. A [ACT] Bench of this Court in [PRECEDENT] , held that corruption erodes the fundamental tenets of the rule of law and quoted with approval its judgment in [PRECEDENT] , it was held as under:
16.  26. It can be stated without any fear of contradiction that corruption is not to be judged by degree, for corruption mothers disorder, destroys societal will to progress, accelerates undeserved ambitions, kills the conscience, jettisons the glory of the institutions, paralyses the economic health of a country, corrodes the sense of civility and mars the marrows of governance".
56. In [PRECEDENT]] , it was held as under: (SCC p. 100, para 68) 68. Today, corruption in our country not only poses a grave danger to the concept of constitutional governance, it also threatens the very foundation of the Indian democracy and the Rule of Law. The magnitude of corruption in our public life is incompatible with the concept of a socialist secular democratic republic. It cannot be disputed that where corruption begins all rights end. Corruption devalues human rights, chokes development and undermines justice, liberty, equality, fraternity which are the core values in our Preambular vision. Therefore, the duty of the court is that any anti-corruption law has to be interpreted and worked out in such a fashion as to strengthen the fight against corruption. 
[SECTION]. In [PRECEDENT] , it was observed: (SCC p. 589, para 12) 12. Corruption by public servants has now reached a monstrous dimension in India. Its tentacles have started grappling even the institutions created for the protection of the republic. Unless those tentacles are intercepted and impeded from gripping the normal and orderly functioning of the public offices, through strong legislative, executive as well as judicial exercises the corrupt public servants could even paralyse the functioning of such institutions and thereby hinder the democratic polity. 
33. This Court is of an opinion that the reports submitted by the [ENTITY] gives some fantastic procedures, being followed by Chennai Corporation. There is no error or mistake in respect of the procedures enumerated in the Regulations, Rules and Act.
34. On a perusal of the procedures now being adopted by the Greater Chennai Corporation for grant of approval, formation of Vigilance Cell, initiation of actions against the officials for their misconducts are in accord with law and there is no deficiency. However, with pain, this court would like to place on record that none of these procedures or the actions are unable to control and minimise the corrupt activities in Greater Chennai Corporation is the reality. The Act, Rules and Regulations are not meant to keep in the books and records. All these rules are to be implemented by the executives concerned to achieve 100% result. If these procedures are followed, while granting plan approvals and other documents, what is the methodology adopted by the Corporation to fix the builders and the contractors to ensure that the constructions are proceeded in accordance with the plan approvals granted. This Court is of a strong opinion that none of these plan approvals are followed nor implemented by the Corporation officials. There exactly the Corporation has failed.
35. Whenever a plan approval has been granted by the Corporation by following a fantastic procedure through online, the real agony for the citizen of Chennai City arises only after the grant of plan approval by the Corporation. Right from the demolition of old building, the neighbours are put under hardship. The Pollution are not controlled. The prescribed method of demolition has not been followed by the builders and the contractors. There is no check against all such illegal activities.
36. This Court is of an opinion that when the building construction commences pursuant to the plan approval granted, every day-in and day-out, either the local Police or the local politicians or the Corporation officials are coming to the site and witnessing the construction activities. In spite of the inspections conducted frequently by these junior engineers, Assistant Engineers and Executive Engineers and also the Zonal Officers, how it is possible to construct such huge number of buildings unauthorizedly and with huge violations. The hard fact remains that unauthorized buildings are huge and such construction activities are even now progressing in Chennai City Corporation. Violations are also unguidedly developed and such violations are also witnessed by all such competent authorities of the Chennai Corporation. Every citizen of Chennai Corporation is openly witnessing the visit of Junior Engineers, Assistant Engineers and the Executive Engineers in building sites within their jurisdiction. The local Police, in the event of complaint of nuisance by the neighbours and other persons are also frequently witnessing the building activities, the local Politicians are also involving in all such activities in collusion with the officials of Chennai Corporation. This is the reality and the day-to-day happenings in Chennai Corporation. This Court is surprised that how such activities are not brought to the knowledge of the Commissioner and the Government by the competent authorities. When every officials of Chennai Corporation as well as the Government is aware of such happenings in Chennai City, no stern action has been taken against all these happenings both by the Government as well as by the Chennai Corporation Commissioner. This Court cannot come to a conclusion that the Commissioner of Chennai Corporation is ignorant of all such illegalities and irregularities. This Court cannot consciously held that the Commissioner is an innocent person, having no knowledge about all these illegalities in Chennai Corporation. The question arises, why the Commissioner is inactive in respect of such illegalities and irregularities. Is the Commissioner is not independent in his actions? If the Commissioner is handcuffed by some other higher officials? If the Commissioner is inefficient in controlling and minimising such illegalities and corrupt activities in Chennai Corporation? All these questions are to be answered by [ENTITY] with his conscious. However, this Court may not give an answer for these questions and it is for the Commissioner to have a realisation of these aspects in his official capacity and act accordingly by taking effective steps to minimise and control all such illegalities and corrupt activities in Chennai City. The developmental activities in Chennai City is growing day-by-day.
37. The learned Additional Advocate General emphasized that the report of the Commissioner is comprehensive in nature and the procedures followed by Chennai Corporation has been narrated and the same has been followed strictly by the officials of the Corporation. If it is strictly followed by the Corporation, why the corrupt activities are not minimised, is the question to be raised. Then, the next question arises is there any defect in laws or in its implementations. However, this Court is of an opinion that the authorities, who are bound to implement such laws scrupulously and by maintaining their integrity and honesty failed to do so. In such an event, constant vigil and checks are required in respect of all those officials. If the officials are confident that they can easily escape from the clutches of law, then it is very difficult to control and minimise the corrupt activities in Chennai Corporation and in other Governmental organisations.
Conclusions:
38. In view of the fact that the rampant corruptions are increasing day-by-day in Chennai Corporation, this Court is of an opinion that adequate steps are required for the effective implementation of [ACT] to control and minimise the corrupt and illegal activities in Government offices, organisations and more specifically, in Greater Chennai Corporation. Accordingly, the following directions are issued:-
(i) The first respondent-[ENTITY], is directed to transfer all the Officials presently serving in the Vigilance Cell, Greater Chennai, an en masse within a period of four weeks;
(ii) The [ENTITY], is directed to consult the Director General of Police, who in turn, shall depute adequate number of new set of Police Officials with proven integrity and honesty in their service, enabling the Vigilance Cell of the Corporation of Chennai to function more effectively and meaningfully;
(iii) The [ENTITY], is directed to set up the Vigilance Booths in the front Offices of all the Corporation Offices/Buildings and CC TV Cameras, within a period of four weeks, enabling the common man to provide informations and submit complaints in respect of illegalities, irregularities and corrupt activities in Chennai Corporation functionings and projects and such Vigilance Booths are to be widely published;
(iv) The Vigilance Booths installed must be under the direct control and supervision of the [ENTITY] and all informations and complaints are to be registered and communicated to the Commissioner for appropriate actions;
(v) The [ENTITY] is directed to instal adequate Display Boards and affix notices in all the Corporation Offices/Buildings, stating that offering corruptions and receiving corruptions are serious offences. The corrupt activities infringes the rights of all other citizen. The corrupt activities affects the development of our Great Nation and other suitable phraseologies or informations as decided by the [ENTITY], also shall be displayed;
(vi) The [ENTITY] is directed to publish the evil consequences of all illegalities and corrupt activities through visual and electronic media, so as to create awareness amongst the common man;
(vii) The Vigilance Cell, functioning in Greater Chennai Corporation, shall form the Special Secret Teams, so as to conduct surprise checks and inspections in respect of the implementation of building approvals and all other activities and functionings of Chennai Corporation;
(viii) The Special Teams must be functioning under the direct control of the [ENTITY] and the Vigilance Officer;
(ix) The [ENTITY] is directed to issue consolidated instructions to all the officials/employees of Chennai Corporation to furnish the particulars and details of properties, both movables and immovables, in their name and in the names of their family members, including their dependants, within a period of twelve weeks from the date of receipt of a copy of this order;
(x) The [ENTITY], on receipt of such particulars shall verify the same along with the particulars provided by such officials/employees, at the time joining into the Corporation Service, the discrepancies and the differences, if any, found shall be investigated by the Vigilance Cell and by the Competent Authorities and appropriate prosecutions and actions are to be initiated, both under the Penal Laws and under the [ACT];
(xi) The [ENTITY], is directed to constitute Special Teams and the Vigilance Teams for conducting inspections and enquiries of all the ongoing building projects and the violations, unauthorized constructions are to be immediately dealt with in accordance with law. In the event of identifying any such large scale violations and unauthorized constructions, appropriate disciplinary actions are to be initiated against the Junior Engineers, Assistant Engineers, Executive Engineers and Zonal Officers concerned and there cannot be any leniency in this regard to be shown. The officials concerned are to be held responsible for all such violations in their jurisdiction. The said exercise is to be done, within a period of twelve weeks from the date of receipt of a copy of this order;
(xii) The [ENTITY], is directed to conduct Review Meetings with the officials of Chennai Corporation, within four weeks and issue consolidated instructions/ suitable orders to identify all encroachments, unauthorized and unlawful occupations of Corporation lands, buildings, etc., and initiate appropriate actions for eviction of encroachments, unlawful and unauthorized occupations, by following the procedures contemplated under the [ACT] and all other relevant Statutes and the Rules, as applicable to the Corporation of Chennai.
38. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs.
Post the matter after twelve weeks under the caption For Reporting Compliance.
30-08-2018 Index : Yes Internet: Yes Speaking Order Svn/kak/Svn To
1.The [ENTITY].
2.The [ENTITY].
3.The [ENTITY].
4.The [ENTITY].
5.The [ENTITY].
[ENTITY], J.
[CASE NUMBER] 30-08-2018