Allowing illegal constructions by charging compounding fees a business for MCDs: HC

The Delhi High Court today disapproved of permitting unauthorised constructions or deviations in sanctioned building plans by charging a "compounding" fees, observing that it cannot be used as a "revenue generating business" by the municipal corporations.

A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said that "nothing which is deliberate is compoundable".

"There is no right to carry out deviations in the sanctioned plans and then get it compounded. The Supreme Court has said that compounding of any deviation or unauthorised construction is an exception and cannot be made a rule," the high court said.

"This (compounding) is their best business" the court said and told the corporations, "you cannot use compounding as a source of revenue generation. It is not meant to profiteer".

The observations by the court came while hearing two PILs alleging unauthorised construction in two properties located in the Mehrauli area of south Delhi.

The South Delhi Municipal Corporation (SDMC) told the court that the properties in question were built according to a sanctioned building plan, but there were some deviations which were compounded.

The court directed the petitioners to file an affidavit stating there are no other unauthorised constructions or illegal buildings in the area and listed their pleas for hearing on May 29.