BIG BREAKING NEWS
SUPREME COURT IMPOSES STRICT NORMS ON CONSTRUCTION APPROVALS, DIRECTS ACTION AGAINST ILLEGAL BUILDINGS
In a landmark ruling aimed at curbing illegal constructions, the Supreme Court of India has issued stringent guidelines to ensure that banks and financial institutions cannot sanction loans against buildings that lack the essential completion or occupation certificate. The Court emphasized that essential services like electricity, water, and sewerage connections will only be provided by service providers upon the submission of these certificates.
The apex court, comprising Justice JB Pardiwala and Justice R Mahadevan, underscored the need for more robust regulation to prevent the rise of unauthorized constructions. The Court stated that no business or trade license should be issued for any building unless it has been authorized by local bodies, irrespective of whether it is residential or commercial. This ruling aims to deter illegal constructions, which are often carried out without necessary approvals or adherence to local building plans.
The Court also directed that builders and developers must submit an undertaking, ensuring that possession of properties will only be handed over to buyers after obtaining the completion or occupation certificate. Unauthorized buildings not only pose a significant safety risk but also strain critical resources like electricity, water, and roads that are meant to be used in an orderly and regulated manner.
The Supreme Court’s ruling comes in the wake of a 2014 order from the Allahabad High Court, which directed the demolition of certain illegal structures in Meerut. The judgment emphasizes that authorities must adopt a firm stance against such illegalities. The Court has warned that any violations of its orders could lead to contempt proceedings, alongside prosecution under relevant laws.
The ruling further clarifies that officers responsible for issuing incorrect completion or occupation certificates will face departmental action. The Court also reiterated that administrative failures or delays in rectifying illegalities cannot be used as an excuse to shield illegal constructions from legal action.
Justice Mahadevan, in his written judgment, emphasized that regulatory inefficiency or negligence from authorities should not be used as a defense against the demolition of illegal buildings. The Court’s directive is clear—unauthorized constructions must be dealt with firmly, as they are not just a violation of the law but a potential threat to public safety and well-being.
In related news, just over a month ago, the Supreme Court struck down the controversial practice of “bulldozer justice,” declaring that demolitions of residential or commercial properties based solely on accusations or convictions were unconstitutional.
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