Holding
that just razing unauthorised constructions is not enough, SC ruled that
Offenders must be penalised for destroying concept of planned development and
putting unbearable burden on the basic amenities of water, electricity,
drainage, sewage.
Illegal constructions have to be dealt with
sternly, a Bench led by Mr. Justice GS Singhvi. Because, they not only violate Laws but also affect various fundamental and constitutional rights of Citizens.
Unauthorised construction of buildings not
only destroys the concept of planned development, which is beneficial to the
Public, but also places unbearable burden on the basic amenities and
facilities. At times, construction of such buildings becomes hazardous for the
Public and creates traffic congestion. Therefore, it is imperative for the
concerned Authorities to not only demolish such construction but impose
adequate penalty on the wrongdoer, the Bench said.
The Court also censured State for going
after poor while turning a blind eye to illegalities of rich and influential.
Reports about demolition of hutments and jhuggis appear frequently in media,
the Court pointed out, but one seldom reads about demolition of unauthorised
multi-storied structures of affluent.
The failure of the State apparatus to take
prompt action to demolish such illegal constructions has convinced Citizens
that planning Laws are enforced only against the poor and all comprises are
made by the State machinery when it is required to deal with those who have
money or unholy nexus with the power the Bench said.
The Bench was hearing an appeal by Mr.
Justice Dipak Kumar Mukherjee, who had sought demolition of an unauthorised building at Kidderpore in Kolkata.
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