Illegal constructions can’t be legitimised because of administrative delays, says SC

Illegal constructions cannot be legitimised merely because there was a delay in taking action against them or because a large amount of money was spent in building the structures, the Supreme Court said on Tuesday.

The court passed a slew of guidelines while upholding the demolition of unauthorised commercial structures on a residential plot in Uttar Pradesh's Meerut.

A bench comprising Justices JB Pardiwala and R Mahadevan said that urban planning laws must be followed strictly, and action must be taken against officials who allow unauthorised constructions.

It said that illegal structures should only be regularised in exceptional circumstances as a one-time measure "after a detailed survey and considering the nature of land, fertility, usage, impact on the environment, availability and distribution of resources, proximity to water bodies/rivers and larger public interest".

"We are of the opinion that construction(s) put up in violation of or deviation from the building plan approved by the local authority and the constructions which are audaciously put up without any building planning approval, cannot be encouraged," the court said. "Each and every construction must be made scrupulously following and strictly adhering to the rules."

The bench said that if any violation of the rules is brought to the notice of courts, the illegality “must be curtailed with...

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