Deal with unauthorised constructions with an 'iron hand': Supreme Court to states and UTs

The Supreme Court on Tuesday directed states and Union Territories to deal with unauthorised constructions with an “iron hand” and warned that erring officials would face contempt proceedings.

“Each and every construction must be made scrupulously following and strictly adhering to rules. In the event of any violation being brought to the notice of the courts, it has to be curtailed with iron hands and any lenience afforded to them would amount to showing misplaced sympathy,” a bench of Justices J.B. Pardiwala and R. Mahadevan said.

Following are the key directions:

• While issuing the building plan permission, an undertaking must be obtainedfrom the builder or owner that possession of the building will be entrusted to the owners only after obtaining the completion or occupation certificate from the authoritiesconcerned
• The builder or owner shall display a copy of the approved plan at the construction site during the entire period of construction and the authorities shall inspect the premises periodically
• Completion or occupation certificates shall be issued without delay after inspection to see whether the building plan has been adhered to
• All necessary service connections, such as electricity, water supply and sewerage, shall be given by the service provider only upon production of the completion or occupation certificate
• The authorities concerned must take immediate action against the builder or the owner in case of violations. Department action must be taken against officials who issue wrongful completion or occupation certificates
• Permission or licence must not be given for business in unauthorised buildings
• The building must conform with the zonal plan and take into account the larger public interest and impact on the environment
• There must be cooperation between departments for action against unauthorised constructions. Action must be taken against officials for failure to cooperate
• Applications of owners or builders against failure to issue completion certificates and documents related to regularisation of unauthorised constructions must be addressed within 90 days
• Necessary instructions should be issued by all states and Union Territories toall concerned directing strict adherence to the rules laid down, failing which erringofficials would face department action
• Banks and other financial institutions shall sanction loans against any building as a security only after verifying the completion or occupation certificate
• Violation of any of the directions would lead to initiation of contempt proceedings in addition to prosecution under the respective laws.