Unauthorised Construction – The High Court directed the police authorities to give notice to all the occupants to vacate the unauthorised constructed premises by themselves – In case, they continued to remain in occupation, it was directed that the occupants to be evicted by deployment of adequate police force – After the vacation of premises, the KMC authority was directed to initiate demolition of the unauthorised construction – Correctness:
Held: The High Court has rightly proceeded to take care of unauthorised construction in exercise of its jurisdiction in public interest – In Rajendra Kumar Barjatya case, it has been made 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 – Also, 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. [Paras 5, 7]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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