Tuesday, 8 November 2016

The Supreme Court has come down heavily on State governments and politicians for giving support to builders for construction of illegal and unauthorized structures and later extending protection from demolition in the name of compassion and hardship.

It was observed by the Hon’ble Supreme Court that despite repeated judgments by the Supreme Court and the High Courts, the builders and other affluent people engaged in construction activities, who have over the years have shown scant respect for the regulatory mechanism envisaged in municipal and similar laws, as also the master plans, zonal development plans, sanctioned plans, etc, have received encouragement and support from the state apparatus. Whenever orders are passed by courts, those in power have come forward to protect the wrong doer either by issuing administrative orders or enacting laws for regularization of illegal and unauthorized constructions in the name of compassion and hardship.

Expressing its anguish, the Bench observed that the economically affluent people and those having support of the political and executive apparatus of the state have constructed buildings, commercial complexes, multiplexes, malls, etc, in blatant violation of the municipal and town planning laws, master plans, zonal development plans, and even sanctioned building plans. In most of the cases of illegal or unauthorized constructions, the officers of the municipal and other regulatory bodies turn a blind eye either due to the influence of higher authorities of the state or for other extraneous reasons.

The Hon’ble court further held that no compromise should be made with the town planning scheme and no relief given to the violator on grounds that they have spent a substantial amount on construction of the buildings.

The Hon’ble court while permitting the authorities to demolish the unauthorized Shanti Sports Club of India at Masudpur in Delhi, observed that it is high time that the executive and political apparatus of the State took a serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies of affluent class of builders and others, else even the rural areas of the country will soon witness similar chaotic conditions.

The Bench dismissed the petition filed by the club challenging the decision by the authorities to demolish the premises, as it was constructed on land acquired by the government in 1965. 

The Hon’ble court observed that in the last four decades, almost all cities, big or small, have seen unplanned growth. In the 21st century, the menace of illegal and unauthorized constructions and encroachments has acquired monstrous proportions and everyone has been paying a heavy price for the same.


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