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LATEST NEWS UPDATES | Why are illegal constructions by rich spared? SC asks -Dhananjay Mahapatra

Why are illegal constructions by rich spared? SC asks -Dhananjay Mahapatra

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published Published on Oct 9, 2012   modified Modified on Oct 9, 2012
-The Times of India

The Supreme Court on Monday said the common man in India felt cheated as the authorities preferred to demolish illegal slums and hutments of the poor while sparing unauthorized constructions put up by the affluent.

The court said the failure of the authorities to take prompt demolition action against illegal and unauthorized constructions owned by the rich gave out a loud message that "planning laws are enforced only against the 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".

A bench of Justices G S Singhvi and S J Mukhopadhaya said unauthorized constructions not only destroy the concept of planned development, but also severely strain the infrastructure for providing basic amenities like drinking water, drainage and sewerage.

"At times, construction of such buildings becomes hazardous for the public and creates traffic congestion. Therefore, it is imperative for the concerned public authorities not only to demolish such construction but also impose adequate penalty on the wrongdoer," said Justice Singhvi, who authored the judgment for the bench.

Imposing a deterrent Rs 25 lakh fine on a Kolkata-based realtor, Unique Construction, for an unauthorized construction in Kidderpore despite "stop work" notice, the bench ordered its demolition within a month and praised the Kolkata Municipal Corporation (KMC) for being "extremely vigilant" in detecting the illegal construction and taking steps to stop it.

But, the court could not muffle its disappointment with the laxity in the general enforcement of municipal laws and adherence to master plans. The bench said, "What needs to be emphasized is that illegal and unauthorized constructions of buildings and other structures 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," it said.

It added, "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 demolition of illegally/unauthorisedly constructed multi- storied structure raised by economically affluent people."

The bench said failure of the state machinery in taking prompt demolition action against illegal constructions gives out a loud message to citizens 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".

On the prompt action taken by KMC for demolition of unauthorized construction raised by Unique Constructions, the bench said, "This has given a ray of hope to the residents of Kolkata that there will be zero tolerance against illegal and unauthorized constructions and those indulging in such activities will not be spared."

The Times of India, 9 October, 2012, http://timesofindia.indiatimes.com/india/Why-are-illegal-constructions-by-rich-spared-SC-asks/articleshow/16730549.cms


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