The Supreme Court has once again sent a strong message against unauthorized construction by stating that such buildings must be demolished and cannot be regularized through judicial orders.
The Court dismissed a plea that sought the regularisation of an unlawful two-floor construction in Kolkata. The bench, consisting of Justice J.B. Pardiwala and Justice R. Mahadevan, upheld the Calcutta High Court’s previous decision which had ordered the demolition of the structure.
"The law ought not to come to rescue of those who flout its rigours as allowing the same might result in flourishing the culture of impunity," the Supreme Court observed.
The petitioner’s lawyer had pleaded for one opportunity to apply for regularisation, but the Court found no merit in this request. It stated that individuals who build illegally cannot expect the court to later regularise their actions.
“A person who has no regards for the law cannot be permitted to pray for regularisation after putting up unauthorised construction of two floors,” the Court remarked.
The judgment emphasized that courts are bound by law and cannot act beyond their authority, even out of sympathy. The Court noted that many state governments wrongly frame laws to regularise illegal constructions by charging impact fees, which undermines legal discipline.
“Judicial discretion would be guided by expediency. Courts are not free from statutory fetters. Justice is to be rendered in accordance with law,” the bench stated firmly.
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The Court further highlighted the importance of strict judicial action in such cases to maintain public order and discipline in society. It pointed out that a casual attitude toward unauthorized constructions encourages lawlessness and weakens the effect of rules meant to maintain civic order.
“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,” the bench added.
The Court referred to its earlier ruling in Rajendra Kumar Barjatya & Anr. v. U.P. Avas Evam Vikas Parishad & Ors., which held that all constructions must strictly follow legal rules. Any violation should be punished without leniency.
“Any leniency or mercy shown to the person guilty of unauthorised construction would amount to showing misplaced sympathy,” the Court had said in that ruling.
Accordingly, the appeal was dismissed, and the order for demolition of the illegal construction was upheld.
Case Title: Kaniz Ahmed vs Sabuddin & Others
