SUPREME COURT ORDERS STRINGENT GUIDELINES TO COMBAT UNAUTHORIZED CONSTRUCTIONS ACROSS INDIA
The Supreme Court of India has taken a decisive step to combat the growing menace of unauthorized constructions with the issuance of comprehensive guidelines aimed at regulating the approval process for buildings. In a significant ruling, the Court has stated that banks and financial institutions cannot approve loans against properties unless the applicant has produced a valid completion or occupation certificate from the relevant authorities. Additionally, utilities such as electricity, water, and sewerage services will only be provided after the submission of such certificates.
A Bench comprising Justice JB Pardiwala and Justice R Mahadevan emphasized that no business or trade licenses should be issued for buildings that do not comply with local authority regulations, whether they are residential or commercial in nature. The judgment seeks to curb the prevalence of illegal buildings, many of which are constructed without the necessary approvals or adherence to building codes.
To further prevent the sale and transfer of illegal properties, the Court ruled that builders must provide an undertaking that possession of the property will only be given to buyers once all necessary completion and occupation certificates have been obtained. This decision is aimed at ensuring that buyers are not misled into purchasing properties that do not meet the required legal standards.
In its ruling, the Court pointed out that unauthorized constructions pose serious risks to both the safety of the residents and the public at large. These buildings, the Court noted, also place undue strain on essential public resources such as water, electricity, and roads, which are meant to be used in a regulated and planned manner.
The Supreme Court’s decision also referred to the Allahabad High Court’s 2014 order directing the demolition of certain illegal buildings in Meerut, further reinforcing the need for strong action against unauthorized constructions. The Court warned that any violation of its directives would result in contempt proceedings, as well as prosecution under applicable laws.
The judgment also stated that officials who are found responsible for issuing wrongful completion or occupation certificates must be immediately subjected to departmental action. The Court made it clear that excuses like administrative inefficiency or delays in enforcement would not be accepted, and that immediate rectification of illegal constructions is necessary.
Justice Mahadevan, who authored the judgment, asserted that the defense of construction costs, administrative delay, or negligence cannot be used to justify the continuation of illegal buildings. The ruling reaffirms the Court’s commitment to ensuring that the construction sector adheres strictly to legal norms, maintaining public safety and urban order.
This decision comes after the Supreme Court’s recent judgment that declared “bulldozer justice” unconstitutional, reaffirming the importance of due process and legal safeguards in actions against unauthorized constructions and alleged criminal activity.
