The Court criticized state governments for seeking to regularize violations and illegalities, arguing that such actions undermine urban development and harm the environment in the long term. It stated that regularization should only occur in exceptional cases, such as for residential homes, after a thorough survey considering land use, environmental impact, and public interest.
NEW DELHI: The Supreme Court on Tuesday (18th Dec) ruled that delays or lax actions by officials in addressing unauthorized constructions cannot be used as a justification to protect such illegalities in the future.
A Bench led by Justice JB Pardiwala and Justice R Mahadevan made this observation while hearing a case regarding the construction of a commercial building on a residential plot in Meerut, Uttar Pradesh.
The Court stated that factors such as delays in rectifying illegalities, administrative failures, regulatory inefficiencies, construction costs, investments, and negligence by authorities cannot be used to defend actions against illegal or unauthorized constructions. It emphasized that constructions violating approved building plans or those constructed without such plans should not be tolerated.
The Court stressed the importance of adhering strictly to building rules and regulations.
“When violations are brought to the attention of the courts, they must be dealt with decisively; leniency would only show misplaced sympathy,”
the Bench remarked.
The Court criticized state governments for seeking to regularize violations and illegalities, arguing that such actions undermine urban development and harm the environment in the long term. It stated that regularization should only occur in exceptional cases, such as for residential homes, after a thorough survey considering land use, environmental impact, and public interest.
Additionally, the Court pointed out that unauthorized constructions threaten the safety of occupants and nearby residents, affect resources such as electricity and water, and impede access to roads. It emphasized that urban planning must prioritize public welfare and environmental sustainability.
The Court further noted that if officials are not held accountable for failing to enforce laws, violations will continue unchecked, leading to disorganized development and environmental degradation.
In light of these concerns, the Court issued several directives:
- When granting building permits, an undertaking must be obtained from the builder that the property will only be handed over after obtaining a completion/occupation certificate.
- A copy of the approved plan must be displayed at the construction site during the entire construction process, and authorities must inspect the site regularly, keeping records of these inspections.
- Completion/occupation certificates should only be issued once the authorities are satisfied that the construction complies with approved plans, without undue delay.
- Service connections like electricity, water, and sewerage should only be provided after a completion/occupation certificate is presented.
- If any violations are discovered after the certificate is issued, immediate action must be taken against the builder, owner, or occupant, and the official responsible for issuing the certificate should face disciplinary action.
- No business or trade licenses should be issued for unauthorized buildings, whether residential or commercial.
- Developments must align with the zonal plan; any modifications should be made strictly according to the rules and in the public’s best interest.
- Any request for assistance in handling unauthorized constructions should be met with prompt cooperation from other departments, and any delay or negligence will be taken seriously.
- Banks and financial institutions should only grant loans for buildings after verifying the completion certificate.
- Violating any of these directions will result in contempt proceedings and prosecution under relevant laws.
The Court instructed its Registrar (Judicial) to circulate the judgment to all High Court Registrars and Chief Secretaries of States/Union Territories for strict compliance.
In the present case, the Court upheld the Allahabad High Court’s decision not to interfere with the demolition of unauthorized constructions.
[Case Title: Rajendra Kumar Barjatya vs UP Avas evam Vikas Parishad].
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