The Supreme Court has said that the courts should take a tough stand in dealing with unauthorized construction cases and should not be involved in the judicial regularization of such structures.
A bench of Justice JB Pardiwala and Justice R. Mahadevan said that the law should not come to the rescue of those who violate such violations because doing so can cause a culture of freedom from punishment ‘
The court said, “Thus, the courts should take a tough stand in dealing with illegal construction cases and should not be involved in judicial regularization of buildings constructed without the permission of the competent authority.”
The bench dismissed the petition challenging the order of the Calcutta High Court, in which the court considered points related to unauthorized construction. The Supreme Court, in the order passed on 30 April, praised the courage and determination with which the High Court used its jurisdiction in public interest and took action on unauthorized construction.
The lawyer appearing on behalf of the petitioners urged the Supreme Court that their client should be given a chance to request to regularize unauthorized construction. The bench said, ‘We do not see any power in this kind of argument. A person who has no respect for the law, cannot be allowed to request for regularization after unauthorized construction of two floors.
The Supreme Court said that this case is related to the rule of law and illegal structure should be demolished. The court said, ‘There is no option. Courts are not free from statutory bonds. Justice should be done according to the law.
Citing a decision of the Supreme Court, the bench said that it clearly states that rules and regulations should be followed in every construction work. The bench said, “If a case of violation is brought to the notice of the court, it should be dealt with strictly and it will be like showing improper sympathy to the person convicted of unauthorized construction.”
The Calcutta High Coort had directed the police officers to give prior notice to the residents to vacate the campus by 30 April and ordered them to be removed by deploying adequate police forces by May 16, 2025.
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