In a significant ruling, the Supreme Court has introduced new nationwide guidelines aimed at addressing the increasing issue of unauthorized constructions. The guidelines focus on ensuring strict compliance with building regulations, holding builders, authorities, and financial institutions accountable. The court’s directives include a requirement for developers to hand over buildings only after obtaining valid completion or occupation certificates, as well as mandates for service providers to verify these certificates before granting utility connections.
Key Directives and Accountability Measures
The bench, comprising Justices JB Pardiwala and R Mahadevan, underscored the need for accountability from various stakeholders, including builders, financial institutions, and service providers. It directed that connections for essential services such as water and electricity should only be provided after confirming the legitimacy of completion or occupation certificates. Furthermore, business and trade licenses should not be issued for unauthorized buildings, whether residential or commercial. The court also instructed banks and financial institutions to verify such certificates before approving loans against buildings.
In its judgment, the Supreme Court upheld a demolition order for an illegal structure in Meerut, emphasizing the necessity for stringent action against violations. The bench warned that leniency in such matters would be a “misplaced sympathy” and urged a strong stance to curb illegal constructions. It also highlighted the far-reaching consequences of unauthorized buildings, which not only jeopardize safety but also impede urban planning and harm the environment.
Impact on Urban Development and Public Resources
The Supreme Court stressed that illegal constructions strain public resources, including electricity, groundwater, and road access, which are designated for approved developments. The judgment pointed out that unauthorized buildings disrupt the orderly growth of cities and cities’ ability to cater to public needs. The court also condemned the practice of state governments regularizing illegal constructions, criticizing such actions as short-sighted and damaging in the long run.
To enforce its new guidelines, the court directed authorities to conduct regular inspections at construction sites to ensure compliance with approved plans. It also mandated that an undertaking be taken from builders to ensure that buildings are only occupied after obtaining the necessary certificates. The court further prohibited the issuance of trade licenses for illegal constructions and called for strict action against officials who fail to uphold building laws or issue wrongful certificates.
Timely Action and Legal Compliance
The Supreme Court emphasized the importance of issuing completion or occupation certificates promptly once compliance with building regulations is verified. Any violations must be rectified before these certificates are issued, and legal proceedings should be initiated against those found guilty of non-compliance. Additionally, the court mandated that applications for regularization of illegal constructions should be resolved within 90 days to prevent unnecessary delays in urban development projects.
The court warned that failure to comply with its directives would lead to contempt proceedings and possible prosecution. It also called for administrative reforms to ensure that officials entrusted with implementing building laws are held accountable for their actions. The Supreme Court’s judgment aims to prevent further illegal constructions from proliferating and to promote orderly and sustainable urban development.
In its conclusion, the bench ordered that the judgment be circulated to all high courts, chief secretaries of states, and local bodies to ensure its effective implementation across the country.
Read More : Government Blocks 18 OTT Platforms For Obscene Content: Minister