Regularisation of illegal constructions regrettable: SC

A bench of justices G S Singhvi and S J Mukhopadhaya said that the government authorities have 'miserably' failed to perform their duties in implementing municipal laws for planned development of the cities.

"In last five decades, the provisions contained in various municipal laws for planned development of the areas to which such laws are applicable have been violated with impunity in all the cities, big or small, and those entrusted with the task of ensuring implementation of the master plan, have miserably failed to perform their duties," the bench said.

"It is highly regrettable that this is so despite the fact that this court has, keeping in view the imperatives of preserving the ecology and environment of the area and protecting the rights of the citizens, repeatedly cautioned the authorities concerned against arbitrary regularisation of illegal constructions by way of compounding and otherwise," it said.

The bench dismissed the plea of one Co-operative Housing Society of Mumbai seeking regularisation of the floors which were constructed in violation of the sanctioned plan and praised the decision of the Municipal Corporation of Mumbai for refusing to regularise the construction.

"At the outset, we would like to observe that by rejecting the prayer for regularisation of the floors constructed in wanton violation of the sanctioned plan, the Deputy Chief Engineer and the Appellate Authority have demonstrated their determination to ensure planned development of the commercial capital of the country.

"The orders passed by them have given a hope to the law abiding citizens that someone in the hierarchy of administration will not allow unscrupulous developers/builders to take law into their hands and get away with it," the bench said.

It passed the order on a plea of Esha Ekta Apartments Co-operative Housing Society Limited which has approached the court for regularisation of the floors constructed in violation of the sanctioned plan.

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