SC Slams Unauthorised Constructions: Demolition Must Follow, Says Top Court
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The Supreme Court has delivered a stern warning against unauthorised constructions, stressing that demolition is the only viable option to deter rampant encroachments. In a recent hearing, the top court dismissed a petition challenging the demolition of unauthorised structures in Secunderabad, arguing that permitting post-facto regularisation of such structures would undermine the rule of law. The court, comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, underscored that authorities must not only demolish unauthorised constructions but also impose exemplary penalties on offenders. This approach, the bench observed, would send a strong message that such actions will not be tolerated by the courts. The case revolves around a dispute between members of an Army Welfare Cooperative Housing Society in Secunderabad, where one resident allegedly encroached upon common open space and raised unauthorised structures. The Telangana High Court had earlier directed the removal of the illegal constructions, and the Supreme Court has now reinforced this decision. The bench rejected the argument that the constructions were 'compoundable' under municipal regulations, stating that this would set a dangerous precedent. "If we allow a petition like this, people will encroach upon even public roads and premises while citing some rule that it is compoundable and dragging the authorities in courts for decades," the bench observed. The Supreme Court's decision is seen as a significant blow to those who attempt to exploit loopholes in the law to carry out unauthorised constructions. As the top court has made it clear, such actions will not be condoned, and perpetrators will face the consequences.
