SC issues landmark ruling to curb illegal constructions, violations

In a significant judgment, the Supreme Court on Tuesday said unauthorised constructions cannot be legitimised merely due to administrative delays, passage of time, or monetary investments and issued a slew of directions to curb illegal constructions.

A bench comprising Justices J B Pardiwala and R Mahadevan said even the post-construction violations must trigger swift corrective action, including demolition of the illegal part and penalties for erring officials.

The bench also upheld the demolition of unauthorised commercial constructions in a residential plot in Meerut, emphasising the need for strict adherence to urban planning laws and accountability of officials.

The court issued a slew of comprehensive directions in larger public interest to streamline urban development and enforcement.

"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.

In the event of any violation being brought to the notice of the courts, the bench said, it would be "curtailed with iron hands" as any leniency would amount to showing "misplaced sympathy".

Delay in directing rectification of illegalities, administrative failure, regulatory inefficiency, cost of construction and investment, negligence and laxity on the part of the authorities concerned in performing their obligation(s) under the Act, cannot be used as a shield to defend action taken against the illegal/unauthorised constructions, it said.

The regularisation schemes must be brought out only in exceptional circumstances and as a one-time measure for residential houses after a detailed survey, it said.

"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.

In a 36-page judgement, the apex court said that builders must pledge not to hand over buildings without completion/occupation certificates and approved building plans must be displayed throughout construction, with periodic inspections recorded.

"While issuing the building planning permission, an undertaking be obtained from the builder/applicant, as the case may be, to the effect that possession of the building will be entrusted and/or handed over to the owners/beneficiaries only after obtaining completion/occupation certificate from the authorities concerned, it said.

The top court said the builder or the developer or the owner should display at the construction site "a copy of the approved plan during the entire period of construction" and the authorities concerned should inspect the premises periodically and maintain a record of such inspection in their official records.

Upon inspection and being satisfied that the building was constructed in accordance with the permission without any deviation, the completion and the occupation certificates would be issued by the authority concerned without undue delay, it directed.

"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.

All necessary service connections, such as, electricity, water supply and sewage, should be given by the service providers to the buildings only after the production of the completion and the occupation certificate, it said.

"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 development must be in conformity with the zonal plan and usage and any modification to such plan and usage must be taken by strictly following the rules in place and in consideration of the larger public interest and the impact on the environment, it said.

"In the event of any application...being filed by the owner or builder against the non-issuance of completion certificate or for regularisation of unauthorised construction or rectification of deviation, etc., the same shall be disposed of by the authority concerned, including the pending appeals/revisions, as expeditiously as possible, in any event not later than 90 days as statutorily provided, it said.

Banks and financial institutions should sanction loan against any building as a security only after verifying the completion certificate, it said.

"The violation of any of the directions would lead to initiation of contempt proceedings...," it held.

The top court directed its registrar to circulate a copy of judgment to all high courts to enable them to refer it while considering such disputes.

The judgment pertained to the appeals, including the one filed by Rajendra Kumar Barjatya, against the Allahabad High Court's 2014 decision directing demolition of the illegal structures on a plot in Shastri Nagar, Meerut.

The apex court upheld the high court's judgement and passed a slew of directions to curb such activities in the country.