We cannot allow unauthorised constructions to go on, says SC

SC pulls up U’khand over encroachment in Rishikesh forest

- Utkarsh Anand

A bench comprising Chief Justice of India Surya Kant and justice Joymalya Bagchi said the correct course in such cases was demolition of illegal constructions, along with recovery of demolition costs and imposition of exemplary penalties on offenders.

“If we allow a petition like this, people will encroach upon even public roads and premises while citing some rule that it is compoundable and dragging the authorities in courts for decades,” observed the bench, refusing to entertain a plea challenging the demolition of unauthorised constructions in Secunderabad.

The court underlined that permitting post-facto regularisation of illegal structures would defeat the rule of law and embolden rampant encroachments. “In fact, authorities in such cases must not only raze down such unauthorised constructions but also penalise the offenders with the penalty and the cost of pulling down such constructions. Let the message go that it won't be permitted by courts,” added the bench.

The observations came while dismissing a petition filed against a Telangana high court judgment in November that directed removal of illegal constructions raised without permission from the Secunderabad Cantonment Board.

During the hearing, senior advocate K Parameshwar, appearing for the petitioner, argued that the high court had ordered demolition despite the constructions being “compoundable” under applicable rules.

Rejecting the submission, the bench said: “So, we should allow you to construct anything and then let you apply for compounding? That can't be.”

Earlier, the bench had made it clear that unauthorised constructions could not be protected merely because a plea of compounding was available under municipal regulations. “We cannot allow unauthorised constructions to go on just because the claim is that it's compoundable,” the bench had said.