The Supreme Court on Tuesday said that a delay or laxity in official action against unauthorized constructions cannot be used as shield to protect such illegality in future [Rajendra Kumar Barjatya vs UP Avas evam Vikas Parishad].A Bench of Justice JB Pardiwala and Justice R Mahadevan made the observation while dealing with a case related to the construction of a commercial space at a residential plot in Uttar Pradesh's Meerut. "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 [U.P. Avas Evam Vikas Parishad Adhiniyam], cannot be used as a shield to defend action taken against the illegal/unauthorized constructions," the Court said..It further stressed that constructions put up in violation of the building plan approved by the local authority or audaciously put up without such plan, cannot be encouraged.Each and every construction must be made scrupulously following and strictly adhering to the Rules, the Court underscored."In the event of any violation being brought to the notice of the Courts, it has to be curtailed with iron hands and any lenience afforded to them would amount to showing misplaced sympathy," the Bench said..The top court further remarked that State governments often seek to enrich themselves by regularization of the violations and illegalities.The State is unmindful that this gain is insignificant compared to the long-term damage it causes to the orderly urban development and irreversible adverse impact on the environment, it said."Hence, regularization schemes must be brought out only in exceptional circumstances and as a onetime measure for residential houses after a detailed survey and considering the nature of land, fertility, usage, impact on the environment, availability and distribution of resources, proximity to water bodies/rivers and larger public interest," the Court added..In this regard, the Court also highlighted that 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.It thus stressed that master plan or the zonal development cannot be just individual centric but must also be devised keeping in mind the larger interest of the public and the environment. "Unless the administration is streamlined and the persons entrusted with the implementation of the act are held accountable for their failure in performing 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," the Court said..Considering the importance of the issue, the Court issued a slew of directions:(i) 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.(ii) The builder/developer/owner shall cause to be displayed at the construction site, a copy of the approved plan during the entire period of construction and the authorities concerned shall inspect the premises periodically and maintain a record of such inspection in their official records.(iii) Upon conducting personal inspection and being satisfied that the building is constructed in accordance with the building planning permission given and there is no deviation in such construction in any manner, the completion/occupation certificate in respect of residential / commercial building, be issued by the authority concerned to the parties concerned, without causing undue delay.(iv) 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.(v) 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; and the official, who is responsible for issuance of wrongful completion /occupation certificate shall be proceeded departmentally forthwith.(vi) No permission /licence to conduct any business/trade must be given by any authorities including local bodies of States/Union Territories in any unauthorized building irrespective of it being residential or commercial building. (vii) The development must be in conformity with the zonal plan and usage. Any modification to such zonal 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.(viii) Whenever any request is made by the respective authority under the planning department/local body for co-operation from another department to take action against any unauthorized construction, the latter shall render immediate assistance and co-operation and any delay or dereliction would be viewed seriously. The States/UT must also take disciplinary action against the erring officials once it is brought to their knowledge.(ix) Banks / financial institutions shall sanction loan against any building as a security only after verifying the completion/occupation certificate issued to a building on production of the same by the parties concerned. (x) The violation of any of the directions would lead to initiation of contempt proceedings in addition to the prosecution under the respective laws..The Court ordered its Registrar (Judicial) to circulate a copy of its judgment to the Registrar General of all the High Courts so that the judges can consider it while dealing with the disputes relating to unauthorised constructions or violation of building permission."The Registrar (Judicial) is also directed to circulate a copy of this Judgment to the Chief Secretaries of all the States / Union Territories. All the State / UT Governments shall issue circulars to all the local authorities / Corporations, intimating them about the directions issued by this Court and for strict compliance," the top court ordered..Meanwhile, in the present case, the top court upheld Allahabad High Court's decision to refrain from interfering with the demolition of unauthorized constructions..[Read Judgment]
