In a landmark judgment to curb unauthorised constructions, the Supreme Court on Tuesday introduced a series of directives aimed at increasing accountability among builders, authorities, and financial institutions. A bench comprising Justices JB Pardiwala and R Mahadevan emphasized strict enforcement of building laws, terming leniency in such matters as “misplaced sympathy.”
Key Directives
- Utility Connections: Service providers, including electricity and water boards, must verify valid completion or occupation certificates before granting connections.
- Loan Approvals: Banks and financial institutions are required to ensure completion or occupation certificates are in place before sanctioning loans against properties.
- Trade and Business Licenses: Licenses for businesses in unauthorised buildings are prohibited, whether the structure is residential or commercial.
- Builder Accountability: Builders must provide an undertaking to ensure possession is handed over only after obtaining valid completion or occupation certificates.
- Periodic Inspections: Authorities must conduct regular site inspections and maintain records to ensure compliance with approved plans.
Judgment Context
The court issued these directives while upholding a demolition order for an illegal structure in Meerut. The bench called for “iron hand” action against violations, highlighting that administrative failures, regulatory inefficiencies, and costs cannot justify inaction against unauthorised constructions.
Consequences of Illegal Constructions
The bench underscored the far-reaching impact of unauthorised developments, noting they:
- Jeopardize the safety of occupants and nearby residents.
- Strain public resources like electricity, groundwater, and roads.
- Disrupt urban planning and harm the environment.
It also criticised state governments for regularising such constructions, terming the practice short-sighted and detrimental to orderly urban development.
Streamlining Processes
The court emphasised the need for timely issuance of completion or occupation certificates after ensuring compliance. It mandated rectification of deviations before granting certificates and warned against wrongful issuance, stating officials would face stringent consequences for negligence.
To prevent delays, the court ordered appeals and applications for regularisation or rectification to be resolved within 90 days. Non-compliance with these directives would invite contempt proceedings and possible prosecution.
Enforcement Measures
- Trade and business licenses are to be denied for unauthorised constructions.
- All developments must adhere to zonal plans and land use regulations.
- Strict action is to be taken against officials who fail to enforce building laws or issue wrongful certificates.
The court also called for the judgment to be widely circulated among high courts, state chief secretaries, and local bodies to ensure uniform implementation.
Significance
The judgment marks a significant step towards addressing rampant illegal constructions and ensuring sustainable urban development. “Unless the administration is streamlined and officials are held accountable, violations will persist, leading to chaos, pollution, and security risks,” the bench warned.
