No mercy for builders of unauthorised constructions:SC

A bench of Justices V S Sirpurkar and Deepak Verma, while ordering demoliton of a certain portion an apartment in Gauhati, cautioned if courts take a lenient view it would only lead to unbridled construction of unauthorised buildings in the country.
"It is a matter of common knowledge that illegal and unauthorised consturctions beyond sanctioned plans are on the rise, may be due to paucity of land in big cities. Such activities are required to be dealt with firmly otherwise builders/colonisers would continue to build or construct beyond the sanctioned and approved plans and would still go scot free," the apex court said.

It said the buyer too has to exercise sufficient caution while purchasing the flats.
"Ultimately, it is the flat owners who fall prey to such activities as the ultimate desire of a common man is to have a shelter of his own. Such unlawful constructions are definitely against the public interest and hazardous to the safety of the occupiers and residents of multi-storeyed buildings, the apex court said in a judgement.

The apex court passed the judgement while upholding the demolition orders passed by the Guwahati Metropolitan Development Authoritiy for demolishing the sixth, seventh and eighth floors of an an apartment unauthorisedly constructed by Priyanka Estates International Private Ltd.

Besides, the three floors , part of the fifth floor was also sought to be demolished by the authorities as they were allegedly unauthorised.
The Gauhati High Court had upheld the demolition orders and the builders moved the apex court.

Upholding the demolition orders, the apex court said it is the bounden duty of the citizens to follow the rules made by the civic authorities for construction of aparments and buildings in conformity with public safety.
"Even though on earlier occassions also, under similar circumstances there have been judgements of this court which should have been a pointer to all the builders that raising unauthorised construction never pays and is against the interest of society at large but no heed to it has been given by the builders.

"Rules, regulations and bye-laws are made by corporation or by development authorities taking in view the larger public interest of society and it is a bounden duty of the citizens to obey and follow such rules with are made for their benefit," the apex court said.

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