NEW DELHI: The Supreme Court, in a recent order, held that no leniency should be shown towards illegal and unauthorised construction, stating unequivocally that such structures must be demolished.
"A person who has no regard for the law cannot be permitted to seek regularisation after constructing two floors without authorisation. The unauthorised construction has to be demolished—there is no way out. Justice is to be rendered in accordance with the law.
We are pained to observe that this aspect has not been considered by many state governments while enacting Regularisation of Unauthorised Development Acts based on payment of impact fees," the bench observed while dismissing an appeal filed by one Kaniz Ahmed.
It was alleged that the petitioner, Ahmed, had built a two-storied unauthorised building in Kolkata. Earlier, the Calcutta High Court had dismissed his plea, prompting him to approach the apex court for relief.
The Supreme Court further stated that the law ought not to come to the rescue of those who flout it, as allowing such violations would promote a culture of impunity.
"If the law were to protect those who endeavour to disregard it, the same would undermine the deterrent effect of laws, which is the cornerstone of a just and orderly society," the Court observed.
The bench, comprising Justice J.B. Pardiwala and Justice R. Mahadevan, upheld the Calcutta High Court’s ruling, which had rejected Ahmed’s plea and refused to allow regularisation of the unauthorised construction, ordering its demolition.
Strictly asserting that illegal constructions will not be tolerated, the top court said, "We must adopt a strict approach while dealing with cases of illegal construction and should not readily entertain regularisation of buildings erected without requisite permissions from the competent authority."
"The need for maintaining such a firm stance arises not only from the inviolable duty cast upon the courts to uphold the rule of law, but also from the necessity to protect the well-being of the public," the court noted in its order.
The apex court, completely agreeing with the observations of the High Court, praised the courage and conviction with which the latter had acted against unauthorised construction in exercise of its jurisdiction in the public interest.
Citing one of its recent rulings in the case of Rajendra Kumar Barjatya vs. P. Avas Evam Vikas Parishad and Others, the top court reiterated that all construction must be undertaken in strict adherence to applicable rules and regulations.
"In the event of any violation being brought to the notice of the courts, it should be dealt with an iron hand. Any leniency or mercy shown to the guilty would amount to misplaced sympathy," the Court said, citing its earlier judgment.