India

Supreme Court passes a slew of directions to curb illegal constructions

December 18, 2024

New Delhi: The Supreme Court has held that any delay or inaction by government authorities against unauthorised constructions cannot be used as a shield to protect such illegal buildings.

A bench of justices JB Pardiwala and R Mahadevan issued a slew of guidelines to curb unauthorised constructions. The bench made it clear that these directions are in addition to the directions issued in an earlier case pertaining to demolition of structures.

“Delay in directing rectification of illegalities, administrative failure, regulatory inefficiency, cost of construction and investment, negligence and laxity on the part of the authorities concerned in performing their obligation(s) under the Act [U.P. Avas Evam Vikas Parishad Adhiniyam], cannot be used as a shield to defend action taken against the illegal/unauthorized constructions,” the bench ruled.

The bench directed that it would be mandatory for the builder to display the approved plan during the period of construction and no building completion certificate be issued unless the officer inspecting the building is satisfied that the building is constructed as per the building planning permission. It held that erring officials found granting wrongful building permission are liable for prosecution.

“While issuing the building planning permission, an undertaking be obtained from the builder/applicant…to the effect that possession …will be entrusted and/or handed over to owners/beneficiaries only after obtaining completion/occupation certificate from the authorities,” the judgment reads.