The Supreme Court ruled that unauthorised constructions must be demolished, emphasising that the law should not protect rule-breakers. Allowing such actions would create a habit of ignoring rules and escaping responsibility.
New Delhi: The Supreme Court ruled that no leniency should be shown towards illegal and unauthorized construction, stating unequivocally that such structures must be demolished.
The bench observed while dismissing an appeal filed by one Kaniz Ahmed,
“A person who has no regard for the law cannot be permitted to seek regularisation after constructing two floors without authorisation. The unauthorised construction has to be demolished there is no way out. Justice is to be rendered in accordance with the law. We are pained to observe that this aspect has not been considered by many state governments while enacting Regularisation of Unauthorised Development Acts based on payment of impact fees,”
The case involved allegations that Ahmed had built a two-story unauthorized building in Kolkata. The Calcutta High Court had previously dismissed his plea, leading him to seek relief from the apex court.
The Supreme Court further stated that the law should not aid those who disregard it, as allowing such violations would foster a culture of impunity.
The Court observed,
“If the law were to protect those who endeavour to disregard it, the same would undermine the deterrent effect of laws, which is the cornerstone of a just and orderly society,”
The bench, comprising Justice J.B. Pardiwala and Justice R. Mahadevan, upheld the Calcutta High Court’s ruling, which had rejected Ahmed’s plea and refused to allow regularization of the unauthorized construction, ordering its demolition.
Firmly asserting that illegal constructions will not be tolerated, the top court said,
“We must adopt a strict approach while dealing with cases of illegal construction and should not readily entertain regularisation of buildings erected without requisite permissions from the competent authority.”
The court noted in its order,
“The need for maintaining such a firm stance arises not only from the inviolable duty cast upon the courts to uphold the rule of law, but also from the necessity to protect the well-being of the public,”
The apex court, completely agreeing with the observations of the High Court, praised the courage and conviction with which the latter had acted against unauthorized construction in exercise of its jurisdiction in the public interest.
Citing one of its recent rulings in the case of Rajendra Kumar Barjatya vs. P. Avas Evam Vikas Parishad and Others, the top court reiterated that all construction must be undertaken in strict adherence to applicable rules and regulations.
The Court said, citing its earlier judgment,
“In the event of any violation being brought to the notice of the courts, it should be dealt with an iron hand. Any leniency or mercy shown to the guilty would amount to misplaced sympathy,”
Case Title: Kaniz Ahmed v. Sabuddin & Ors.