NEW DELHI: Supreme Court has said that the judiciary should act firmly against illegal construction and the courts must be very strict while dealing with such cases and deny regularisation of illegal or unauthorised structures .
Rejecting a plea seeking regularisation of an unlawful building in Kolkata, a bench of Justices J B Pardiwala and R Mahadevan said a person who has no regards for the law cannot be permitted to pray for regularisation after putting up unauthorised construction of two floors.
"Unauthorised constructions have to be demolished. There is no way out. Judicial discretion would be guided by expediency. Courts are not free from statutory fetters. Justice is to be rendered in accordance with law. We are at pains to observe that the aforesaid aspect has not been kept in mind by many state govts while enacting Regularisation of Unauthorised Development Act based on payment of impact fees," the bench said.
"Thus, the courts must adopt a strict approach and should not readily engage themselves in judicial regularisation of buildings erected without requisite permissions of the competent authority. The need for maintaining such a firm stance emanates not only from 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 bench said.
Referring to a recent verdict of SC , the bench said, "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."
Rejecting a plea seeking regularisation of an unlawful building in Kolkata, a bench of Justices J B Pardiwala and R Mahadevan said a person who has no regards for the law cannot be permitted to pray for regularisation after putting up unauthorised construction of two floors.
"Unauthorised constructions have to be demolished. There is no way out. Judicial discretion would be guided by expediency. Courts are not free from statutory fetters. Justice is to be rendered in accordance with law. We are at pains to observe that the aforesaid aspect has not been kept in mind by many state govts while enacting Regularisation of Unauthorised Development Act based on payment of impact fees," the bench said.
"Thus, the courts must adopt a strict approach and should not readily engage themselves in judicial regularisation of buildings erected without requisite permissions of the competent authority. The need for maintaining such a firm stance emanates not only from 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 bench said.
Referring to a recent verdict of SC , the bench said, "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."
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