The Supreme Court of India has reiterated a zero-tolerance approach towards unauthorised constructions, warning that post-facto regularisation or compounding of illegal structures undermines the rule of law and encourages rampant encroachments.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi held that the appropriate legal response to illegal constructions is demolition of the unauthorised structure, recovery of demolition costs, and imposition of exemplary penalties on offenders. The Court cautioned lower courts against granting relief merely because municipal regulations allow compounding of violations upon payment of fees.
“If such pleas are entertained, people will encroach upon even public roads and premises, citing some rule of compounding and dragging authorities into litigation for decades,” the Bench observed while dismissing a petition challenging the demolition of unauthorised constructions in Secunderabad.
The Court emphasised that allowing regularisation after construction defeats planning discipline and emboldens violators. Authorities, the Bench noted, must ensure that illegal structures are not only removed but that violators are penalised to send a clear deterrent message.
The observations were made while dismissing an appeal against a November judgment of the Telangana High Court, which had ordered the removal of illegal constructions raised without permission from the Secunderabad Cantonment Board.
During the hearing, senior advocate K. Parameshwar, appearing for the petitioner, argued that the constructions were “compoundable” under applicable rules. The Court firmly rejected the submission, stating, “So we should allow anyone to construct anything and then apply for compounding? That cannot be permitted.”
The case originated from a dispute within an Army Welfare Cooperative Housing Society in Secunderabad, where one resident was accused of encroaching upon common open space and raising unauthorised structures. According to the High Court record, the plaintiff alleged that the defendant had constructed a room and extended roof areas without permission, adversely affecting rights to air, light, ventilation, privacy, and easement, and violating the approved layout plan.
The Telangana High Court noted that the defendant had admitted to carrying out construction without obtaining approval from the Cantonment Board and had earlier submitted an affidavit undertaking not to build in the open area. The Court also rejected the argument that the matter was a private dispute between residents, holding that unauthorised constructions involve statutory violations affecting public authorities.
“No person is entitled to make construction without permission of the competent sanctioning authority,” the High Court had observed, describing the structures as per se illegal.
Upholding this reasoning, the Supreme Court reinforced that unauthorised constructions cannot be shielded under the guise of compounding provisions and must be dealt with strictly in accordance with law.
Source: HT
Also Read: CAQM Reviews Air Pollution Control Measures, Ratifies Revised GRAP at 26th Commission Meeting