The Supreme Court has said courts must adopt a
"strict approach" when dealing with cases of unauthorised
construction and not engage in judicial regularisation of such structures.
A bench of Justices J B Pardiwala and R Mahadevan
said the law ought not to come to the rescue of those flouting its rigours for
allowing it might result in "flourishing the culture of impunity".
"Thus, the courts must adopt a strict approach
while dealing with cases of illegal construction and should not readily engage
themselves in judicial regularisation of buildings erected without requisite
permissions of the competent authority," it said.
The need to maintain a firm stance emanated from the
court's "inviolable duty" to uphold the rule of the law and gained
"more force" to facilitate the well being of all concerned, the top
court said.
The bench, as a result, dismissed a plea challenging
an order of the Calcutta High Court, which dealt with a petition highlighting
unauthorised constructions.
The high court asked the Kolkata Municipal
Corporation to initiate demolition proceedings at premises where the illegal
constructions came up on some floors.
In an order passed on April 30, the apex court
admired the "courage and conviction" with which the high court
proceeded to take care of unauthorised construction in exercise of its
jurisdiction in public interest.
The counsel appearing for the petitioners urged the
top court that her client should be given a chance to pray for regularisation
of the unauthorised construction.
"We do not find any merit in such submission. A
person who has no regards for the law cannot be permitted to pray for
regularisation after putting up unauthorised construction of two floors,"
the bench said.
The apex court said matter had something to do with
the rule of the law and the illegal structure ought to be demolished.
"There is no way out. Judicial discretion would
be guided by expediency. Courts are not free from statutory fetters. Justice is
to be rendered in accordance with law," it said.
The bench added, "We are at pains to observe
that the aforesaid aspect has not been kept in mind by many state governments
while enacting Regularisation of Unauthorised Development Act based on payment
of impact fees." If the law were to protect the ones who endeavoured
to disregard it, the top court said, it would undermine the deterrent effect of
laws -- cornerstone of a just and orderly society.
Referring to an apex court judgement, the bench said
it was made explicitly clear that each and every construction must adhere to
the rules and regulations.
"In the event of any violation, being brought
to the notice of the courts, the same should be dealt with iron hands and any
leniency or mercy shown to the person guilty of unauthorised construction would
amount to showing misplaced sympathy," the bench added.
The Calcutta High Court directed police authorities
to give a prior notice to the occupants to vacate the premises by April 30 and
in case of non compliance, it ordered eviction by deployment of adequate police
force by May 16, 2025.