Curbing Unauthorized Constructions: Key Directives from the Supreme Court
The Supreme Court of India has taken a decisive step to address the growing menace of unauthorized constructions across the country. In a landmark judgment, the Court has issued stringent guidelines aimed at preventing such illegal activities and ensuring accountability among officials responsible for enforcing building regulations. The judgment, which reaffirms the principle that unauthorized constructions cannot be allowed to flourish, sets a strong precedent to curb violations and protect public interest.
Key Directives Issued by the Supreme Court:
1. Display of Approved Plans at Construction Sites Builders and developers are now mandated to display a copy of the approved construction plan prominently at the site throughout the construction period. This measure ensures transparency and allows for easier monitoring by authorities.
2. Periodic Inspections and Record Maintenance Authorities are required to conduct periodic inspections of construction sites and maintain official records of these inspections. This systematic oversight aims to detect deviations early and prevent unauthorized developments.
3. Completion Certificates Only After Compliance Completion or occupancy certificates for residential or commercial buildings will only be issued after personal inspection by authorities. They must ensure that the construction adheres strictly to the approved plans. Any detected deviations must be rectified before issuing these certificates.
4. Mandatory Undertaking from Builders must provide an undertaking that possession of the building will only be handed over to the owners or beneficiaries after obtaining the required completion or occupancy certificates from the concerned authorities.
5. Service Connections Conditional on Compliance Utilities such as electricity, water, and sewerage connections will be provided only after the completion or occupancy certificate is presented. This measure ensures that unauthorized constructions do not receive essential services, discouraging violations.
6. Action Against Deviations Post-Completion If any violations or deviations from the approved plan are detected even after the issuance of the completion certificate, authorities are mandated to take immediate legal action against the builder, owner, or occupant. Officials responsible for wrongful issuance of certificates will face departmental proceedings.
7. Restrictions on Trade Licenses for Unauthorized Buildings No trade or business licenses will be granted for unauthorized buildings. This applies to both residential and commercial structures.
8. Zonal Plan Compliance Development must align with the zonal plans and usage regulations. Any modifications to these plans must strictly adhere to legal processes and consider public interest and environmental impacts.
9. Interdepartmental Cooperation When action is required against unauthorized constructions, all relevant departments must cooperate without delay. Non-cooperation or delays will be viewed seriously, and disciplinary action will be taken against erring officials.
10. Expedited Resolution of Appeals Any appeals or applications regarding the issuance of completion certificates or regularization of unauthorized constructions must be resolved within 90 days, as per statutory provisions. This ensures swift justice and prevents prolonged disputes.
11. Loan Sanctions Linked to Compliance Banks and financial institutions are directed to sanction loans against buildings only after verifying the completion or occupancy certificate. This step ensures that illegal constructions do not receive financial backing.
12. Strict Enforcement and Accountability Failure to adhere to these directives will result in contempt proceedings against violators, along with prosecution under relevant laws. State and Union Territory governments must circulate these guidelines to all concerned departments and enforce compliance rigorously.
Background of the Case
The judgment stemmed from an appeal challenging the Allahabad High Court’s order to demolish an illegally constructed building. The property, which included shops and commercial spaces, had been built without statutory approvals and in violation of residential zoning regulations. Despite prolonged occupancy and financial investments by the appellants, the Supreme Court upheld the High Court’s decision, emphasizing that unauthorized constructions cannot be legitimized through delay or inaction.
Implications of the Judgment
The Supreme Court’s directives aim to:
- Deter unauthorized constructions by introducing stricter monitoring and accountability measures.
- Ensure compliance with urban planning regulations and protect public interest.
- Reduce litigation related to unauthorized constructions by promoting adherence to the law.
Conclusion
This judgment is a significant step towards curbing the proliferation of unauthorized constructions and ensuring that urban development aligns with legal and environmental standards. By holding both builders and officials accountable, the Court has sent a clear message that violations of the law will not be tolerated. It is now up to the authorities and stakeholders to implement these directives diligently and uphold the rule of law in urban planning and construction.