Supreme Court landmark Judgment to eliminate unauthorised construction
On 30.8.1986 the Respondent No.1 had allotted residential plot at Meerut, U.P. and possession was given on 15.6.1989. However, the respondent No.5 and Respondent No.6 started illegal commercial construction without obtaining permission. Inspite of show cause notices, the respondent no.1 did not take steps against the illegal construction. The order dated 31.5.2011 for demolition was passed. However, this order could not be implemented due to non-cooperation of local and police authorities.
Respondent No.1 had, therefore, filed writ petition to direct the Respondent Nos.2 to 4 to stop illegal commercial construction on residential plot in Meerut and to provide police force to execute the order dated 31.5.2011 of demolition. The said writ petition was allowed by the judgment dated 5.12.2014 of the High Court of Allahabad.
This order of the High Court was challenged by the owners of shops in the illegal constructed premises.
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, ground water and access to roads, which are primarily designed to be made available in orderly development and authorized activities. Master plan or the zonal development cannot be just individual centric but also must be devised keeping in mind the larger interest of the public and the environment.
Unless the administration is streamlined and the process entrusted with the implementation of the act are held accountable for their failure in performance statutory obligations, violations of this nature would go unchecked and become more rampant. If the officials are let scot free, they will be emboldened and would continue to turn a nelson’s eye to all the illegalities resulting in derailment of all planned projects and pollution, disorderly traffic, security risks, etc.
In all 12 directions are given by the Supreme Court to eliminate and/or arrest the menace of unauthorised construction. Moreover, the Supreme Court directed that the violation of any of the directions would lead to initiation of contempt proceedings in addition to the prosecution under the respective laws.
While giving building permission, an undertaking be obtained from the builder / applicant that possession will be handed over to the owner / beneficiary only after obtaining completion / occupation certificate from the authorities concerned.
The builder / developer / owner shall cause to be displayed at the construction site, a copy of the approved plan during entire period of construction and the authorities concerned shall inspect the premises periodically and maintain a record of such inspection in their official records.
Necessary instructions should be issued by all the States / UT Governments in the form of Circular to all concerned with a warning that all directions must be scrupulously followed and failure to do so will be viewed seriously, with departmental action being initiated against the erring officials as per law.
All the necessary service connections such as Electricity, water supply, sewerage connection, etc; shall be given by the service provider / Board to the buildings only after the production of the completion / occupation certificate.
No permission / licence to conduct any business / trade must be given by any authorities including local bodies of States / Union Territories in an unauthorised building irrespective of it being residential or commercial building.
Banks / financial institutions shall sanction loan against building as a security only after verifying the completion / occupation certificate issued a building on production of the same parties concerned.
Judgment dated 17.12.2024 of the Supreme Court of India in Civil Appeal No.14604 of 2024 of Rajendra Kumar Barjatya and another Vs. U.P. Avas Evam Vikas Parishad and others with connected matters
