New Delhi: The Supreme Court on Tuesday said unauthorised constructions cannot be legitimised or protected solely under the ruse of the passage of time or citing inaction of the authorities or by taking recourse to the excuse that substantial money has been spent on the said construction, while issuing a slew of directives to curb illegal constructions.
A bench comprising Justices J B Pardiwala and R Mahadevan said: "If the construction is made in contravention of the Acts/Rules, it would be construed as illegal and unauthorised construction, which has to be necessarily demolished".
The bench said it cannot be legitimised or protected solely under the ruse of the passage of time or citing inaction of the authorities or by taking recourse to the excuse that substantial money has been spent on the said construction.
The bench said, "We are of the opinion that construction(s) put up in violation of or deviation from the building plan approved by the local authority and the constructions which are audaciously put up without any building planning approval, cannot be encouraged".
The bench said each and every construction must be made scrupulously following and strictly adhering to the rules, and in the event of any violation being brought to the notice of the courts, it would be "curtailed with iron hands" as any leniency would amount to showing "misplaced sympathy".
“Delay in directing rectification of illegalities, administrative failure, regulatory inefficiency, cost of construction and investment, negligence and laxity on the part of the authorities concerned in performing their obligation(s) under the Act, cannot be used as a shield to defend action taken against the illegal/unauthorised constructions," said the bench.
The apex court upheld the demolition of unauthorised commercial constructions in a residential plot in Meerut, stressing the need for strict adherence to urban planning laws and accountability of officials.
The bench issued a slew of comprehensive directions in the larger public interest to streamline urban development and enforcement.
The bench said unauthorised constructions, apart from posing a threat to the life of the occupants and the citizens living nearby, also have an effect on resources like electricity, groundwater and access to roads, which are primarily designed to be made available in orderly development and authorised activities.
"Unless the administration is streamlined and the persons entrusted with the implementation of the act are held accountable for their failure in performing statutory obligations, violations of this nature would go unchecked and become more rampant," observed the bench.
The bench said if the officials are let scot-free, they will be emboldened and would continue to turn a Nelson's eye to all the illegalities resulting in derailment of all planned projects and pollution, disorderly traffic, security risks, etc.
The bench said while issuing the building planning permission, an undertaking be obtained from the builder/applicant, as the case may be, to the effect that possession of the building will be entrusted and/or handed over to the owners/beneficiaries only after obtaining completion/occupation certificate from the authorities concerned.
“The builder/developer/owner shall cause to be displayed at the construction site, a copy of the approved plan during the entire period of construction and the authorities concerned shall inspect the premises periodically and maintain a record of such inspection in their official records”, said the bench.
The bench said the development must be in conformity with the zonal plan and usage and any modification to such zonal plan and usage must be taken by strictly following the rules in place and in consideration of the larger public interest and the impact on the environment.
The bench said banks/ financial institutions shall sanction loan against any building as a security only after verifying the completion/occupation certificate issued to a building on production of the same by the parties concerned.
The bench directed its registrar to circulate a copy of the judgment to all high courts to enable them to refer it while considering such disputes.
The judgment pertained to the appeals, including the one filed by Rajendra Kumar Barjatya, against the Allahabad High Court's 2014 decision directing the demolition of the illegal structures on a plot in Shastri Nagar, Meerut. The apex court upheld the high court’s judgment.
