No way out, unauthorised construction has to be demolished: Supreme Court

New Delhi: The Supreme Court has said unauthorised construction has to be demolished; there is no way out, as judicial discretion would be guided by expediency, and courts are not free from statutory fetters, and justice is to be rendered in accordance with law.

"We are at pains to observe that the aspect has not been kept in mind by many state governments while enacting the Regularisation of Unauthorised Development Act based on payment of impact fees," a bench of Justices J B Pardiwala and R Mahadevan said.

The bench emphasised, the courts must adopt a strict approach while dealing with cases of illegal construction and should not readily engage themselves in judicial regularisation of buildings erected without requisite permissions of the competent authority.

In an order on April 30, the court rejected a plea by the counsel for petitioner Kaniz Ahmed for a chance for his client to pray for the regularisation of the unauthorised construction.

"We do not find any merit in such a submission. A person who has no regard for the law cannot be permitted to pray for regularisation after putting up unauthorised construction of two floors. This has something to do with the rule of law," the bench said.

The court underscored the need for maintaining such a firm stance, emanating not only from the inviolable duty cast upon the courts to uphold the rule of law, rather such judicial restraint gains more force in order to facilitate the well-being of all concerned.

"The law ought not to come to the rescue of those who flout its rigours, as allowing the same might result in flourishing the culture of impunity. Put otherwise, if the law were to protect the ones who endeavour to disregard it, the same would lead to undermining the deterrent effect of laws, which is the cornerstone of a just and orderly society," the bench said.

In the case, the bench said, this court admired the courage and conviction with which the High Court has proceeded to take care of unauthorised construction in exercise of its jurisdiction in public interest.

The bench pointed out in one of the recent pronouncements, in the case of Rajendra Kumar Barjatya and Another Vs UP Avas Evam Vikas Parishad and Others (2024), the court has made itself very explicitly clear that each and every construction must be made scrupulously following and strictly adhering to the rules and regulations.

"In the event of any violation, being brought to the notice of the courts, the same should be dealt with iron hands and any leniency or mercy shown to the person guilty of unauthorised construction would amount to showing misplaced sympathy," the bench said.