Wednesday 25 June 2014

PENALISE BUILDERS FOR ILLEGAL CONSTRUCTION: Supreme Court




Holding that just razing unauthorized constructions is not enough, Supreme Court ruled that Offenders must be penalized for destroying concept of planned development and putting unbearable burden on the basic amenities of water, electricity, drainage, sewage.Illegal constructions have to be dealt with sternly, a Bench led by Mr. Justice GS Singhvi. Because, they not only violate Laws but also affect various fundamental and constitutional rights of Citizens.

Unauthorized 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 Court also censured State for going after poor while turning a blind eye to illegalities of rich and influential. Reports about demolition of hutments and jhuggis appear frequently in media, the Court pointed out, but one seldom reads about demolition of unauthorised multi-storied structures of 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 comprises 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 Mr. Justice Dipak Kumar Mukherjee, who had sought demolition of an unauthorised building at Kidderpore in Kolkata.

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