India News | Courts Must Be Strict in Cases of Illegal Construction: SC
Get latest articles and stories on India at LatestLY. The Supreme Court has said courts must adopt a "strict approach" when dealing with cases of unauthorised construction and not engage in judicial regularisation of such structures.
New Delhi, May 1 (PTI) The Supreme Court has said courts must adopt a "strict approach" when dealing with cases of unauthorised construction and not engage in judicial regularisation of such structures.
A bench of Justices J B Pardiwala and R Mahadevan said the law ought not to come to the rescue of those flouting its rigours for allowing it might result in "flourishing the culture of impunity".
"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," it said.
The need to maintain a firm stance emanated from the court's "inviolable duty" to uphold the rule of the law and gained "more force" to facilitate the well being of all concerned, the top court said.
The bench, as a result, dismissed a plea challenging an order of the Calcutta High Court, which dealt with a petition highlighting unauthorised constructions.
The high court asked the Kolkata Municipal Corporation to initiate demolition proceedings at premises where the illegal constructions came up on some floors.
In an order passed on April 30, the apex 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 counsel appearing for the petitioners urged the top court that her client should be given a chance to pray for regularisation of the unauthorised construction.
"We do not find any merit in such submission. A person who has no regards for the law cannot be permitted to pray for regularisation after putting up unauthorised construction of two floors," the bench said.
The apex court said matter had something to do with the rule of the law and the illegal structure ought to be demolished.
"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," it said.
The bench added, "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."
If the law were to protect the ones who endeavoured to disregard it, the top court said, it would undermine the deterrent effect of laws -- cornerstone of a just and orderly society.
Referring to an apex 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 the 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 added.
The Calcutta High Court directed police authorities to give a prior notice to the occupants to vacate the premises by April 30 and in case of non compliance, it ordered eviction by deployment of adequate police force by May 16, 2025.
(This is an unedited and auto-generated story from Syndicated News feed, LatestLY Staff may not have modified or edited the content body)