The Supreme Court has come down heavily on State
governments and politicians for giving support to builders for construction of
illegal and unauthorized structures and later extending protection from
demolition in the name of compassion and hardship.
It was observed by the Hon’ble Supreme Court that
despite repeated judgments by the Supreme Court and the High Courts, the
builders and other affluent people engaged in construction activities, who have
over the years have shown scant respect for the regulatory mechanism envisaged
in municipal and similar laws, as also the master plans, zonal development
plans, sanctioned plans, etc, have received encouragement and support from the
state apparatus. Whenever orders are passed by courts, those in power have come
forward to protect the wrong doer either by issuing administrative orders or
enacting laws for regularization of illegal and unauthorized constructions in
the name of compassion and hardship.
Expressing its anguish, the Bench observed that the
economically affluent people and those having support of the political and
executive apparatus of the state have constructed buildings, commercial
complexes, multiplexes, malls, etc, in blatant violation of the municipal and
town planning laws, master plans, zonal development plans, and even sanctioned
building plans. In most of the cases of illegal or unauthorized constructions,
the officers of the municipal and other regulatory bodies turn a blind eye
either due to the influence of higher authorities of the state or for other
extraneous reasons.
The Hon’ble court further held that no compromise should be made with the town
planning scheme and no relief given to the violator on grounds that they have
spent a substantial amount on construction of the buildings.
The Hon’ble court
while permitting the authorities to demolish the unauthorized Shanti
Sports Club of India at Masudpur in Delhi, observed that it is high time that the executive and
political apparatus of the State took a serious view of the menace of illegal
and unauthorized constructions and stop their support to the lobbies of
affluent class of builders and others, else even the rural areas of the country
will soon witness similar chaotic conditions.
The Bench dismissed the petition filed by the club
challenging the decision by the authorities to demolish the premises, as it was
constructed on land acquired by the government in 1965.
The Hon’ble court observed that in the last four
decades, almost all cities, big or small, have seen unplanned growth. In the
21st century, the menace of illegal and unauthorized constructions and
encroachments has acquired monstrous proportions and everyone has been paying a
heavy price for the same.
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