[GHHF] Bravo!!! Supreme Court in India issued strict judgment to demolish unauthorised constructions.

02 May 2025 13 Views

On April 30, 2025, the Supreme Court of India issued a landmark judgment that said unauthorized constructions cannot be legitimized merely due to administrative delays, passage of time, or monetary investments, and issued a slew of directions to curb illegal constructions. 
The essence of the judgment is that you cannot legalize the illegal structures. Any leniency shown toward the people who flouted the law, who snubbed the law of the land, and who insulted the legal system should pay dearly and should be punished, and their unauthorised construction must be demolished. Authorities should investigate all the structures in their purview for their legitimacy and demolish all unauthorised structures. All the village Panchayats, Urban areas, and cities should start the investigation immediately to find out if structures are built without permission as per law.
A bench consisting of Justices J B Pardiwala and R Mahadevan said the law ought not to rescue those flouting its rigours because allowing it might result in "flourishing the culture of impunity."
A case was filed in the Supreme Court challenging the order of the Calcutta High Court dealing with a petition highlighting the unauthorized constructions. The High Court issued a judgment to initiate the demolition proceedings at premises where the illegal constructions came up on some floors. The counsel appearing for the petitioners urged the top court that her client should be given a chance to pray for the regularisation of the unauthorised construction. 
This judgment is in response to the case filed by Kaniz Ahmed, who built a two-story unauthorised building in Kolkata. He wanted to get the regularization of this unauthorized building on payment of the impact fee. Failing to receive the permit from the High Court, he went to the Supreme Court. 
The highlights of the judgment are as follows:
“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. Each and every construction must be made scrupulously following and strictly adhering to the rules," it 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 permission from the competent authority. The need for maintaining such a firm stance emanates not only from inviolable duty cast upon the Courts to uphold the rule of law, rather such judicial restraint gains more force in order to facilitate the well-being of all concerned.”, the court added.
"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 court noted in its order.
"We are at pains to observe that the aforesaid aspect has not been kept in mind by many state governments while enacting Regularisation of Unauthorised Development Act based on payment of impact fees."
"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,” it said.
“A person who has no regards for the law cannot be permitted to pray for regularisation after putting up unauthorised construction of two floors. This has something to do with the rule of law. Unauthorised construction has to be demolished.”
"There is no way out. Judicial discretion would be guided by expediency. Courts are not free from statutory fetters. Justice is to be rendered in accordance with law," it said.
"In the event of any violation, being brought to the notice of the courts, the same should be dealt with iron hands and any leniency or mercy shown to the person guilty of unauthorised construction would amount to showing misplaced sympathy," the bench added.
"If any deviation is noticed, action must be taken in accordance with the Act and the process of issuance of completion/occupation certificate should be deferred, unless and until the deviations pointed out are completely rectified,” it added.
"Even after issuance of completion certificate, deviation/violation if any contrary to the planning permission brought to the notice of the authority immediate steps be taken by the said authority concerned, in accordance with law, against the builder/owner/occupant,” it said.
“The law ought not to come to rescue of those who flout its rigours as allowing the same might result in flourishing the culture of impunity. Put otherwise, if the law were to protect the ones who endeavour to disregard it, the same would lead to undermine the deterrent effect of laws, which is the cornerstone of a just and orderly society”, the Court observed.
This judgment will put an end to the construction of building without proper authorization from the authorities, there are several G. O’s requiring the permissions to build Churches from the Collector’s office, Municipal corporations, Panchayats, Mandal Officers and so on.  The government is failing in its responsibility to enforce the law and take appropriate action to demolish the unauthorised structures. The Supreme Court opined that no leniency should be shown towards illegal and unauthorised construction, stating unequivocally that such structures must be demolished.

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