Coming down heavily on government authorities in regularising illegal constructions by condoning and ratifying the violations and illegalities, the Supreme Court (SC) ruled that all the necessary service connections, such as electricity, water supply and sewerage and loans, should be given by the service-providers and banks or financial institutions to the buildings only after the production of the completion or occupation certificate.
In an
order last month, the bench of justice JB Pardiwala and justice R Mahadevan says, "...the state governments often seek to enrich themselves through the process of regularisation by condoning and ratifying the violations and illegalities. The state is unmindful that this gain is insignificant compared to the long-term damage it causes to orderly urban development and irreversible adverse impact on the environment. Hence, regularisation schemes must be brought out only in exceptional circumstances and as a one-time measure for residential houses after a detailed survey and considering the nature of the land, fertility, usage, impact on the environment, availability and distribution of resources, proximity to water bodies and rivers and larger public interest."
"Unauthorised constructions, apart from posing a threat to the life of the occupants and the citizens living nearby, also have an effect on resources like electricity, groundwater and access to roads, which are primarily designed to be made available in orderly development and authorised activities," the bench noted.
Hearing a plea challenging a 5 December 2014 judgement by the Allahabad High Court (HC), the apex court observed that delay in directing rectification of illegalities, administrative failure, regulatory inefficiency, cost of construction and investment, negligence and laxity on the part of the authorities concerned in performing their obligation(s) under the Uttar Pradesh (UP) Avas Evam Vikas Parishad Adhiniyam (the Act), cannot be used as a shield to defend action taken against the illegal or unauthorised constructions.
The SC also issued 12 directions and directed the registrar for judicial at the apex court to circulate copies of the judgement registrar generals of all the HCs and to the chief secretaries of all the states and Union territories (UTs). "All the state and UT governments shall issue circulars to all the local authorities and corporations, intimating them about the directions issued by this Court and for strict compliance."
Here are the directions issued by the apex court...
1. While issuing the building planning permission, an undertaking be obtained from the builder or applicant, as the case may be, to the effect that possession of the building will be entrusted and/or handed over to the owners or beneficiaries only after obtaining completion/occupation certificate from the authorities concerned.
2. The builder, developer and owner shall cause to be displayed at the construction site, a copy of the approved plan during the entire period of construction and the authorities concerned shall inspect the premises periodically and maintain a record of such inspection in their official records.
3. Upon conducting personal inspection and being satisfied that the building is constructed in accordance with the building planning permission given and there is no deviation in such construction in any manner, the completion or occupation certificate in respect of residential and commercial building, be issued by the authority concerned to the parties concerned, without causing undue delay. If any deviation is noticed, action must be taken in accordance with the Act and the process of issuance of completion or occupation certificate should be deferred, unless and until the deviations pointed out are completely rectified.
4. All the necessary service connections, such as, electricity, water supply and sewerage connection shall be given by the service provider or board to the buildings only after the production of the completion/ occupation certificate.
5. Even after the issuance of the completion certificate, deviation/ violation if any contrary to the planning permission brought to the notice of the authority immediate steps be taken by the said authority concerned, in accordance with the law, against the builder/ owner/ occupant; and the official, who is responsible for issuance of wrongful completion/occupation certificate shall be proceeded departmentally forthwith.
6. No permission/ licence to conduct any business/ trade must be given by any authorities including local bodies of states and UTs in any unauthorised building irrespective of it being residential or commercial building.
7. The development must be in conformity with the zonal plan and usage. Any modification to such zonal plan and usage must be taken by strictly following the rules in place and in consideration of the larger public interest and the impact on the environment.
8. Whenever any request is made by the respective authority under the planning department or local body for cooperation from another department to take action against any unauthorised construction, the latter shall render immediate assistance and cooperation and any delay or dereliction would be viewed seriously. The states/ UTs must also take disciplinary action against the erring officials once it is brought to their knowledge.
9. In the event of any application/ appeal/ revision being filed by the owner or builder against the non-issuance of the completion certificate or for regularisation of unauthorised construction or rectification of deviation, the same shall be disposed of by the authority concerned, including the pending appeals/ revisions, as expeditiously as possible, in any event not later than 90 days as statutorily provided.
10. If the authorities strictly adhere to the earlier directions issued by this court and those being passed today, they would have a deterrent effect and the quantum of litigation before the Tribunal/ Courts relating to house/ building constructions would come down drastically. Hence, necessary instructions should be issued by all the State/ UT Governments in the form of Circular to all concerned with a warning that all directions must be scrupulously followed and failure to do so will be viewed seriously, with departmental action being initiated against the erring officials as per law.
11. Banks/ financial institutions shall sanction loans against any building as a security only after verifying the completion/ occupation certificate issued to a building on production of the same by the parties concerned.
12. The violation of any of the directions would lead to the initiation of contempt proceedings in addition to the prosecution under the respective laws.
So much damage will be caused by this order. Scapegoating of buyers.
Slums can get electricity and water supply?
They get legalised by politicians.
Where’s the OC?
SC should also have ordered no stamp duty or registration of documents till OC is obtained.
Why should state continue to earn revenue?
Anyway, all HC and SC orders are implemented?
So many on loud speakers.
Who cares?
Hope ALL State Govt. & Property Organisation's educate prominently through MEDIA & other means this DC Judgement & long term benefits to Buyer's without getting cheated!