Srinagar- The High Court of J&K and Ladakh has directed stern action against the officials and officers in whose tenure unauthorized constructions, deviation or violation of building permission has taken place.
“Recently the Supreme Court ….. held that unauthorised constructions cannot be legitimized merely due to administrative delays, passage of time, or monetary investments,” a bench of Justice Vinod Chatterji Koul said
“It was even said by the Supreme Court that post-construction violations must trigger swift corrective action, including demolition of the illegal part and penalties for erring officials,” the court said, adding, “The Supreme Court has issued a slew of comprehensive directions in larger public interest to streamline urban development and enforcement.”
The Supreme Court, the Bench said, in a catena of decisions has categorically held that illegality of unauthorized constructions cannot be perpetuated.
“If a construction is made in contravention of the Acts/Rules, it would be construed as illegal and unauthorized construction, which has to be necessarily demolished,” the court said, adding, “It cannot be legitimized or protected solely under the ruse of the passage of time or citing inaction of authorities or by taking recourse to the excuse that substantial money has been spent on the said construction.”
In the ultimate analysis, the Bench said, the Supreme Court opined that constructions put up in violation or deviation of building plan approved by local authority and constructions which are audaciously put up without any building planning approval, cannot be encouraged.
“Each and every construction must be made scrupulously following and strictly adhering to the rules,” the court said, adding, “If any violation is brought to the notice of the Courts, it has to be curtailed with iron hands and any lenience afforded would amount to showing misplaced sympathy.”
The Supreme Court has also observed that unless the administration is streamlined and the persons entrusted with implementation of the act are held accountable for their failure in performing their statutory obligations, violations of this nature would go unchecked and become more rampant, the Bench said.
“If the officials are let scot-free, they will be emboldened and would continue to turn a nelson’s eye to all the illegalities resulting in derailment of all planned projects and pollution, disorderly traffic, security risks, etc.”
The court underlined that the Supreme Court issued a slew of directions and mentioned them. Among others, the Top court has said that while issuing the building planning permission, an undertaking be obtained from the builder/applicant, as the case may be, to the effect that possession of the building will be entrusted and/or handed over to the owners/beneficiaries only after obtaining completion/ occupation certificate from the authorities concerned.
The builder/developer/owner shall cause to be displayed at the construction site, a copy of the approved plan during the entire period of construction and the authorities concerned shall inspect the premises periodically and maintain a record of such inspection in their official records, the court said.
“Upon conducting personal inspection and being satisfied that the building is constructed in accordance with the building planning permission given and there is no deviation in such construction in any manner, the completion/occupation certificate in respect of residential / commercial building, be issued by the authority concerned to the parties concerned, without causing undue delay,” the court said, adding, “If any deviation is noticed, action must be taken in accordance with the Act and the process of issuance of completion/occupation certificate should be deferred, unless and until the deviations pointed out are completely rectified.”
Referring to case in hand in which two brothers raised construction in Srinagar in “blatant violation of terms and conditions of building permission”, the court said, authorities were required to take stern action against the officials and officers who were at the helm of affairs at the relevant point of time when the violations were committed by the duo.
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