The Supreme Court has issued new nationwide guidelines aimed at curbing illegal constructions, emphasizing strict adherence to building regulations. The court upheld a demolition order for an unauthorized structure in Meerut, stressing the need for “iron hand” enforcement against violations. In its judgment, the court mandated that developers only transfer possession of buildings to owners or beneficiaries after obtaining valid completion or occupation certificates.
The bench, comprising Justices JB Pardiwala and R Mahadevan, also directed service providers, such as electricity and water supply boards, to ensure that connections are granted only after verifying the existence of these certificates. The judgment further instructed that trade and business licenses should be denied for unauthorized residential or commercial buildings. Additionally, banks and financial institutions are required to verify completion or occupation certificates before approving loans for such buildings.
The bench emphasized that administrative failure, regulatory inefficiency, or delays in rectifying illegalities cannot justify non-action against unauthorized constructions. It also warned that leniency in such cases amounts to “misplaced sympathy,” given the far-reaching consequences of illegal constructions, including risks to lives, disruption of urban development, and harm to the environment.
The court criticized the tendency of state governments to regularize illegal constructions, calling it shortsighted and detrimental to long-term urban planning. It highlighted that such practices often result in negligible short-term gains but cause significant long-term damage to urban order and the environment.
To prevent future violations, the court issued a set of directives: builders must provide an undertaking to ensure possession is only handed over after obtaining valid certificates; authorities must conduct regular site inspections and maintain records; and service providers must verify certificates before supplying utilities. The court also mandated that trade or business licenses not be issued for unauthorized constructions, and that all development must comply with zonal plans and land-use regulations.
In its judgment, the Supreme Court stressed the importance of timely action, stating that completion or occupation certificates should be issued promptly once compliance is confirmed. Any deviations should be corrected before certificates are issued, and violators should face legal action. The court also instructed that appeals or applications for regularization or rectification of deviations be resolved within 90 days to prevent unnecessary delays. Non-compliance with these directives will lead to contempt proceedings and potential prosecution.
Finally, the court stressed that unless the administration is streamlined and those responsible for implementing building laws are held accountable, illegal constructions will continue unchecked, leading to disorderly urban development and other risks. The court ordered the judgment to be circulated to all high courts, state chief secretaries, and local bodies for widespread implementation.
