Supreme Court.
The Supreme Court has severely cracked down on illegal construction practices in the country. In a significant judgment yesterday, the court said unauthorized construction cannot be justified simply because of administrative delays, the passage of time or the investment of money. In addition, the court also issued a number of important instructions to severely crack down on illegal construction. It was also said that copies of the decision should be sent to all high courts for their reference in such cases.
A bench of Justices JB Pardiwala and R Mahadevan said immediate corrective action should be taken against the irregularities even after the construction is over, including removing illegal portions of the construction and imposing fines on the erring officials. The bench also upheld the decision to demolish unauthorized commercial structures on residential land in Meerut and stressed the need for strict compliance with city planning laws and accountability of officials.
SC issued several important instructions
The country’s largest court also issued several important directions in the larger public interest to streamline urban development and law enforcement. “We are of the view that the construction work is carried out in violation of or deviates from the building plan approved by the local government or is carried out boldly without the consent of any building plan,” the court said. “If this has been done, then it cannot be encouraged.” “
The court further said: “All construction work should be carried out honestly and strictly in accordance with regulations. If any irregularities are brought to the attention of the court, they will be “severely stopped” as any leniency would amount to showing “misplaced sympathy”.
‘There is no excuse for official negligence’
Regarding the demolition of erroneous structures or the action taken against them, the court stated that “delay in ordering rectification of illegal works, administrative negligence, inefficient supervision, high construction costs and failure to fulfill obligations under the law”. Sections of the authorities dealing with the matter cannot be used as a shield to defend actions taken against such construction. “
In the 36-page judgment, the judge also said that “such unauthorized construction poses a threat to the lives of nearby residents and citizens as well as to important resources such as electricity, groundwater and roads.” Impact, specifically designed to be developed with the system and authorized activities are provided. “
The court said builders should also undertake not to deliver buildings without completion certificates and to display approved building plans during construction and record regular inspections.
SC also issued instructions to banks regarding loans
Furthermore, the court issued strict instructions to banks in its judgment. The court said banks and financial institutions can provide loans for any building only after verifying the completion certificate. The court also directed its registrar to send copies of the judgment to all high courts for their reference while considering such disputes.
The decision of the Supreme Court is related to several appeals, one of which was filed on behalf of Rajendra Kumar Barjatya. The appeal was filed by Rajendra Kumar against the 2014 ruling of the Allahabad High Court. Later, the court directed the demolition of illegal structures on a plot in Shastri Nagar, Meerut. The Supreme Court upheld the High Court ruling and passed several directions to curb such illegal activities in the country.
