Taking a strict stance against illegal construction, the Supreme Court gave an important decision saying that no illegal construction can be legalized due to administrative delay, lack of time or investment. The Supreme Court has issued guidelines in public interest to get rid of illegal construction in the country and implement urban development schemes.
A bench of Justice JB Pardiwala and Justice R Mahadevan said in a 36-page judgment that builders will now have to take an oath that they will not give possession of the building without a completion certificate. The judgment on Tuesday said that even if there is violation of law after construction, prompt action will be taken. Action should be taken. Along with demolishing such constructions, the guilty officials should also be punished. The bench, while upholding the demolition of illegal commercial construction on a residential plot in Meerut, said there is a need to strictly enforce laws relating to urban planning and accountability of officials against construction carried out negligently without any building plan approval. also cannot be encouraged.
Administrative delay cannot be saved
The bench said that delay on the part of the authorities in fulfilling the duties under law, administrative failure, managerial incompetence and expenditure of investment, negligence on the part of the authority cannot be used as a shield to protect illegal construction. The bench said that schemes regularizing such constructions should be adopted as a one-time measure in the case of residential houses only in exceptional circumstances and after a comprehensive survey.