The Supreme Court of India has issued landmark directives to address the widespread issue of illegal constructions across the country. A bench comprising Justices J B Pardiwala and R Mahadevan emphasized that unauthorized constructions cannot be legitimized due to administrative delays, time passage, or financial investments. The Court introduced strict guidelines to enforce urban planning laws, focusing on accountability and compliance with building regulations.
It also emphasized that post-construction violations must prompt swift corrective action, including demolishing illegal parts and penalizing erring officials, as seen in its ruling for the demolition of unauthorized commercial constructions in a residential area in Meerut. The Supreme Court’s judgment highlighted three key areas: adherence to approved building plans, action against delays in rectifications, and regulation of building permits and inspections. It affirmed that deviations from approved plans or constructions without approval must be stopped and rectified promptly. Administrative failure in addressing violations was not accepted as a defense. The Court mandated that builders display approved plans at construction sites, undergo regular inspections, and ensure completion/occupation certificates are issued only when construction fully complies with approved plans. Furthermore, it stated that regularization of illegal constructions should only occur in exceptional cases after detailed surveys.
The Court also outlined additional measures, including requiring builders to ensure completion/occupation certificates are obtained before handing over buildings, and for banks and financial institutions to verify the certificates before issuing loans. Authorities must conduct periodic inspections, and any violations should be rectified immediately. The Court emphasized that any violations discovered after the issuance of a completion certificate must be addressed promptly, with contempt proceedings initiated against those defying its directives. This ruling, stemming from an appeal by Rajendra Kumar Barjatya against a 2014 Allahabad High Court decision, marks a significant step in curbing illegal constructions and ensuring compliance with urban development laws across India.
