The Supreme Court in a
matter relating to the illegal and unauthorized constructions of buildings and
other structures. Said, this Court has repeatedly emphasized the importance of
planned development of the cities and either approved the orders passed by the
High Court or itself gave directions for demolition of illegal constructions.
In Dipak Kumar Mukherjee Vs
Kolkata Municipal Corporation & others, the
Supreme Court emphasized that the illegal and unauthorized constructions of
buildings and other structure not only violate the municipal laws and the
concept of planned development of the particular area but also affect various
fundamental and constitutional rights of other persons. The common man feels
cheated when he finds that those making illegal and unauthorized constructions
are supported by the people entrusted with the duty of preparing and executing
master plan/development plan/zonal plan. The reports of demolition of hutments
and jhuggi jhopris belonging to poor and disadvantaged section of the society
frequently appear in the print media but one seldom gets to read about the
demolition of illegal/unauthorisedly constructed multi-storied structure raised
by economically affluent people. The failure of the state apparatus to take
prompt action to demolish such illegal constructions has convinced the citizen
that planning laws are enforced only against poor and all compromises are made
by the State machinery when it is required to deal with those who have money
power or unholy nexus with the power corridors.
The appellant a resident of
Kolkata. Succeeded before the learned single judge of the Calcutta High Court
to order the demolition of unauthorized construction of multi-storied building
by respondent No.7 (construction Co.) on the plot owned by the respondent No.8
but could not persuade the division bench to affirm the order of the learned
single judge and consequently approached the Supreme Court.
The Supreme Court allowed
the appeal and impugned judgement was set aside. The Court ordered demolition
of the unauthorized constructions. A cost of Rs.25,00,000/- imposed for
violating the sanctioned plan and continuance of illegal constructions despite
‘stop work notice’.
Prepared
by: S. Hemanth
Advocate
at Hemanth
& Associates
