New Delhi, Dec 19 (UNI) The Supreme Court has unveiled a comprehensive set of nationwide directives to combat the rising issue of illegal constructions.
In a landmark judgement, the apex court has called for strict enforcement of building regulations, emphasising that possession of properties must be handed over by developers only after obtaining valid completion or occupation certificates.
On Tuesday, a bench comprising Justices J.B. Pardiwala and R. Mahadevan mandated greater accountability from builders, authorities, and financial institutions. It directed service providers, such as electricity and water boards, to ensure connections are granted only upon verification of valid certificates.
Furthermore, the court ruled that trade and business licenses should not be issued for unauthorised residential or commercial structures.
The Court also directed banks and financial institutions to verify the necessary certificates before approving loans for buildings. The bench emphasised that any stakeholder’s lack of adherence to regulations would be met with severe consequences.
While upholding the demolition of an illegal structure in Meerut, the bench condemned leniency in such cases, terming it “misplaced sympathy.”
The court highlighted that failures in rectifying illegal constructions or regulatory inefficiencies cannot serve as excuses to shield violators from action.
The judgement pointed out that unauthorised constructions not only pose safety risks to occupants and neighbouring residents but also disrupt urban planning, strain public resources, and harm the environment.
“Urban development must prioritise the public interest and environmental sustainability over individual-centric or profit-driven motives,” the bench stated.
The court disapproved of the state governments’ tendencies to regularise illegal structures. The court criticised such practices as shortsighted and harmful to long-term urban planning.
“The state’s financial gain from regularisation is negligible compared to the long-term damage inflicted on urban planning and the environment,” the judgement noted.
To address the issue effectively, the court issued several key directives, which include instructions to the builders, who must ensure possession is handed over only after obtaining valid completion or occupation certificates.
The Court directed the regulating authorities to conduct regular inspections and maintain strict records to ensure compliance with approved plans.
Service providers are to deny utilities like electricity and water to unauthorised constructions lacking valid certificates.
Trade and business licenses for unauthorised constructions are strictly prohibited.
Violations must be rectified before the issuance of completion certificates, and any non-compliance should be met with legal action, the court said.
The bench also warned that officials failing to enforce building laws or issuing wrongful certificates would face stringent action. It directed appeals or applications for regularisation to be resolved within 90 days to prevent unnecessary delays.
“Unchecked violations not only derail planned projects but also create environmental hazards, traffic disruptions, and safety risks. Accountability must extend to those entrusted with implementing the law,” the court asserted.
The Court instructed that its directives be circulated to all high courts, state chief secretaries, and local bodies to ensure widespread adherence and warned of contempt proceedings against non-compliance.
