Courts must adopt strict approach in dealing with illegal construction cases, says SC

Maintaining that courts must be strict in dealing with cases of unauthorised constructions, the Supreme Court has said that judicial regularisation of such structures might promote a culture of impunity.

“The need for maintaining such a firm stance emanates not only from inviolable duty cast upon the courts to uphold the rule of law, rather such judicial restraint gains more force in order to facilitate the wellbeing of all concerned,” a Bench of Justice JB Pardiwala and Justice R Mahadevan said.

“Thus, the courts must adopt a strict approach while dealing with cases of illegal construction and should not readily engage themselves in judicial regularisation of buildings erected without requisite permissions of the competent authority,” the Bench said in its April 30 order.

“The law ought not to come to the rescue of those who flout its rigours as allowing the same might result in flourishing the culture of impunity. Put otherwise, if the law were to protect the ones who endeavour to disregard it, the same would lead to undermining the deterrent effect of laws, which is the cornerstone of a just and orderly society,” it emphasised.

The Bench also directed its Registry to circulate one copy each of the order to all the high courts.

The top court dismissed a petition challenging a Calcutta High Court order on unauthorised constructions. The high court had asked the Kolkata Municipal Corporation to initiate demolition proceedings at the premises where the illegal constructions came up on some floors.

The Calcutta High Court had directed police authorities to give a prior notice to the occupants to vacate the premises by April 30 and in case of non-compliance, evict them by force with the help of police by May 16.

The top court admired the “courage and conviction" with which the high court proceeded to take care of unauthorised construction in exercise of its jurisdiction in public interest.

The petitioners’ counsel urged the top court to give a chance to pray for regularisation of the unauthorised construction but the Bench was not inclined to oblige her.

“We do not find any merit in such submission. A person who has no regard for the law cannot be permitted to pray for regularisation after putting up unauthorised construction of two floors,” it said.

“There is no way out. Judicial discretion would be guided by expediency. Courts are not free from statutory fetters. Justice is to be rendered in accordance with law… We are at pains to observe that the aforesaid aspect has not been kept in mind by many state governments while enacting Regularisation of Unauthorised Development Act based on payment of impact fees,” the top court said.

Referring to a top court judgement, the Bench said it was made explicitly clear that each and every construction must adhere to the rules and regulations.

“In the event of any violation, being brought to the notice of courts, the same should be dealt with iron hands and any leniency or mercy shown to the person guilty of unauthorised construction would amount to showing misplaced sympathy," the Bench said.

India