GUWAHATI: The Supreme Court of India on Tuesday, December 17 has reaffirmed its stance against illegal constructions, declaring that unauthorised structures, regardless of their age or investment, cannot be legitimised.
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A bench comprising Justices JB Pardiwala and R Mahadevan upheld an Allahabad High Court order mandating the demolition of commercial spaces constructed illegally on land allotted by the U.P. Housing and Development Board.
The appellants, who had purchased the shops and spaces, challenged the demolition on grounds of long-standing occupancy and alleged lapses by the authorities in issuing prior notices. However, the Court dismissed the appeal, emphasising that illegal constructions cannot be shielded by prolonged occupancy, financial investments, or administrative inaction.
The judgment, authored by Justice Mahadevan, stated: "Construction(s) put up in violation of approved building plans or without any approval cannot be encouraged. Any leniency would amount to misplaced sympathy. Illegal constructions must be addressed with iron hands."
Respondent No. 1, the U.P. Housing and Development Board, argued that the structures were built in violation of residential zoning laws and without necessary approvals. The Court was informed that multiple notices were issued to the original allottees and the appellants, but no corrective action was taken.
The Court highlighted that administrative failure or delay in addressing illegalities does not validate unauthorised structures. Additionally, it warned that officials who issue wrongful completion or occupation certificates will face departmental proceedings. "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 judgment observed.
