Shri Ganpati Jurists Learning and Awareness:
Legal Learning with Shri Ganpati Jurists
Topic: Supreme Court’s Zero-Tolerance on Illegal Construction – A Landmark Judgment
Key Takeaways:
1. Strict Action Against Illegal Construction:
The Supreme Court upheld directions to forcibly vacate and demolish unauthorized buildings, emphasizing that such construction must be demolished without leniency.
2. Public Interest Over Private Violations:
Courts must prioritize public welfare and rule of law. Even requests for regularization of illegal structures were denied, reinforcing that judicial sympathy should not override legality.
3. Comprehensive Directions from Earlier Precedents Applied:
The Court reiterated guidelines from Rajendra Kumar Barjatya v. U.P. Avas Evam Vikas Parishad (2024 INSC 990), including:
No electricity/water connections without Occupation Certificate.
Mandatory public display of approved building plans.
Action against government officials who wrongly issue Completion Certificates.
No trade licenses in unauthorized buildings.
Mandatory inspections and swift disposal of appeals within 90 days.
4. Message to Builders and State Authorities:
Builders cannot flout building norms and later seek shelter under regularization. States must not enact laws that reward illegalities under the guise of “impact fee.”
Legal Insight:
This judgment serves as a clear warning—rule of law must be respected. Courts will not tolerate or regularize unauthorized construction, regardless of investment or hardship. Illegal builders and complicit officials will face strict consequences.
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