States seek to enrich themselves by certifying building violations, the Supreme Court said

A bench of Justices JB Pardiwala and R Mahadevan declared that “regulatory schemes should be introduced only in exceptional circumstances and as a one-time measure for residential houses”. File | Photo Credit: The Hindu

The Supreme Court has ruled that by condoning or approving building violations or illegal construction, they are trying to enrich themselves through the process of regularization.

The court said that such state governments were oblivious to the fact that any “benefit” from sanctioning or regularizing illegal constructions was insignificant compared to the long-term damage to orderly urban development and the environment.

A bench of Justices JB Pardiwala and R Mahadevan declared that “regularization schemes should be brought only in exceptional cases and as a one-time measure for residential houses after detailed survey and consideration of the nature, fertility, use and impact of the land. environment, availability and distribution of resources, proximity to water bodies/rivers and the larger public interest.”

The judgment was based on a batch of appeals challenging illegal commercial construction in Uttar Pradesh.

“Unauthorized constructions pose a threat to the lives of residents and surrounding citizens and also affect resources such as electricity, groundwater and access to roads, which are primarily designed to provide orderly development and official provision. activities,” observed Justice Mahadevan, who wrote the judgment.

The Supreme Court’s recent judgment on bulldozer demolitions provided protection against punitive demolitions, but the judgment did not condone illegal constructions.

Construction in audacious violation of building plan approval cannot be encouraged. Courts should deal with such violations with an iron hand. “Any leniency would amount to misplaced sympathy,” warned Justice Mahadevan.

A master plan or regional development cannot be individual-centric, but the larger public interest should be kept in mind. Justice Mahadevan said, the authorities who turned Nelson’s eye on illegal construction should not be allowed to go scot-free.

‘must take action’

In a series of orders, the court has ordered that from now on, when granting building plan permission, a commitment should be taken from the builder or the applicant that the house owner will be handed over only after obtaining the completion/occupation certificate. concerned authorities.

Other instructions include that the builder should always display a copy of the approved plan at the construction site; Officials should periodically inspect the site and keep a record of their findings; Electricity, drinking water, sewerage connection etc. should be provided only after the completion/occupation certificate is submitted by the service provider. No permit or license shall be granted to carry on trade or business in any unauthorized building; Development must be consistent with regional planning and use; Banks/financial institutions should sanction loans against any building as collateral only after verifying the construction/occupancy certificate; And contravention of any directive will result in contempt proceedings and prosecution.