Supreme court issues landmark directives to curb illegal constructions

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

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