Penalise builders for illegal construction: SC

Holding that just razing unauthorised constructions is not enough, the Supreme Court on Monday ruled that offenders must be penalised for destroying the "concept of planned development" and "putting unbearable burden" on the basic amenities of water, electricity, drainage, sewerage.

Illegal constructions have to be dealt with sternly, a Bench led by Justice G S Singhvi said, because they not only violate laws but also "affect various fundamental and constitutional rights" of citizens.

"Unauthorised construction of buildings not only destroys the concept of planned development, which is beneficial to the public, but also places unbearable burden on the basic amenities and facilities. At times, construction of such buildings becomes hazardous for the public and creates traffic congestion. Therefore, it is imperative for the concerned authorities to not only demolish such construction but impose adequate penalty on the wrongdoer," the Bench said.

The apex court also censured the state for going after the poor while turning a blind eye to illegalities of the rich and influential. Reports about demolition of hutments and jhuggis appear frequently in the media, the court pointed out, but one seldom reads about demolition of unauthorised multi-storied structures of the affluent.

"The failure of the state apparatus to take prompt action to demolish such illegal constructions has convinced citizens that planning laws are enforced only against the poor and all compromises are made by the state machinery when it is required to deal with those who have money or unholy nexus with the power," the bench said.

The Bench was hearing an appeal by Dipak Kumar Mukherjee, who had sought demolition of an unauthorised building raised by Unique Construction at Kidderpore in Kolkata.

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