‘Illegal constructions will be demolished’: Supreme Court jolt to unauthorized constructions

If you are doing illegal construction work, be aware. In a recent directive to curb illegal constructions, the Supreme Court has ordered that such buildings be demolished. 

The Indian Apex court has also directed that water, electricity and sewerage connections will not be provided to the buildings without having occupancy certificates. Moreover, the Court has also ordered that departmental actions be taken against the authorities who are responsible for the illegal construction works.

The Apex Court gave the harsh directive after hearing a writ petition against the verdict of Allahabad High Court to demolish an illegal construction on a residential land in Meerut. The Court also directed to circulate the judgment copy to all the High Courts to consider the verdict as a reference while hearing such cases pertaining to unauthorized constructions.

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In its verdict, the Supreme Court has directed that the building planning authority will take an undertaking from the builder to hand over the building to the customer only after receiving the completion or occupancy certificate. The development authority will regularly check whether the buildings are being constructed as per the building planning or not. The Municipality will not allow construction of either residential or commercial buildings in unauthorized places.

The Court further directed that departmental actions will be taken against the authorities in case of any deviation.

“The Supreme Court’s verdict is a huge blow against illegal constructions. It will act as a deterrent so that people will invest in legally correct property. If the documents are not correct, people will fear to invest. If the banks stop sanctioning loans, a proper solution to the matter would come out. We will suffer in the case of old projects. However, things will be settled down slowly,” said Real Estate worker Bimalendu Pradhan.

As per the Real Estate Association, the Supreme Court has given the verdict over the buildings the construction of those have been completed. However, following the implementation of the Real Estate Regulation Act (RERA), handing over residential projects is not possible without occupancy Certificates. 

Before RERA came into effect, many residential projects had been completed without occupancy certificates. The association is of the view that the government should take necessary steps to bring special schemes to regularlise these kinds of projects.

“RERA is in force. There is no question of handing over any buildings to the societies without occupancy certificates. Even registration could not be made now. However, when RERA was not enacted many residential projects had been completed that didn't have occupancy certificates. In those cases, the government should bring some special schemes,” said CREDAI Odisha Chairman DS Tripathy.

Meanwhile, according to lawyers, there should be proper investigation in case of any illegality and necessary actions should be taken against the culprits for the benefit of buyers of the buildings.

“The Court has directed a new thing in its verdict that apart from the builders and other persons with vested interests, actions will also be taken against the concerned officials. There should be a proper investigation in case of any illegal activities and the culprits should be booked,” said lawyer Khirod Chandra Rout.