The Supreme
Court has come down heavily on State governments and politicians for giving support to builders for construction of illegal and unauthorized structures and later
extending protection from demolition in the name of compassion and hardship.
It was observed by the Honorable Supreme Court that despite
repeated judgments by the Supreme Court and the High Courts, the builders and other
affluent people engaged in construction activities, who have over the years have
shown scant respect for the regulatory mechanism envisaged in municipal and similar
laws, as also the master plans, zonal development plans, sanctioned plans, etc,
have received encouragement and support from the state apparatus.Whenever orders are passed by courts, those in power have come forward to protect the
wrong doer either by issuing administrative orders or enacting laws,for regularization
illegal and unauthorized constructions in the name of compassion and hardship.
Expressing its anguish, the Bench observed that the
economically affluent people and those having support of the political and executive
apparatus of the state have constructed buildings, commercial complexes, multiplexes,
malls, etc, in blatant violation of the municipal and town planning laws, master
plans, zonal development plans, and even sanctioned building plans. In most of
the cases of illegal or unauthorized constructions, the officers of the
municipal and other regulatory bodies turn a blind eye either due to the
influence of higher authorities of the state or for other extraneous reasons.
The Honorable court further held that no compromise should
be made with the town planning scheme and no relief given to the violator on
grounds that they have spent a substantial amount on construction of the buildings.
The Honorable court while permitting the authorities
to demolish the unauthorized Shanti Sports Club of India at Masudpur in Delhi, observed
that it is high time that the executive and political apparatus of the State
took a serious view of the menace of illegal and unauthorized constructions and
stop their support to the lobbies of affluent class of builders and others, else
even the rural areas of the country will soon witness similar chaotic
conditions.
The Bench dismissed the petition filed by the club
challenging the decision by the authorities to demolish the premises,as it was
constructed on land acquired by the government in 1965. The Honorable court observed
that in the last four decades, almost all cities, big or small, has seen
unplanned growth. In the 21st century, the menace of illegal and unauthorized
constructions and encroachments has acquired monstrous proportions and everyone
has been paying a heavy price for the same.
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