Supreme Court on Unauthorised Construction

 

We thought of bringing to your notice one important decision of the Supreme Court regarding construction of buildings, which we hope that you will find it useful.

The Honorable Supreme Court of India in the case of Rajendra Kumar Barjatya and Another vs. U. P. Avas Evam Vikas Parishad & Ors. (Civil Appeal No. 14604 of 2024) and Rajeev Gupta and others vs. U. P. Avas Evam Vikas Parishad & Ors. (Civil Appeal No. 14605 of 2024) has observed on unauthorized construction issues and based on the observations issued the below mentioned directions:

• The builder / applicant should provide an undertaking, at the time of obtaining building planning permission, stating that the possession of the building shall be handed over / entrusted to the owners / beneficiaries only after completion / occupation certificate from the concerned authorities is obtained.
• The builder, developer, or owner must display a copy of the approved plan at the construction site throughout the construction period. The relevant authorities will inspect the site regularly and keep a record of these inspections in their official records.
• The authority will issue a completion or occupancy certificate for a residential or commercial building only after personally inspecting the construction and confirming that it fully complies with the approved building plan without any deviations. If any deviations are found, the certificate will be delayed until all issues are corrected, and appropriate action will be taken as per the law. The certificate should be issued without unnecessary delays once compliance is ensured.
• All the necessary service connections, such as, Electricity, water supply, sewerage connection, etc., shall be given by the service provider / Board to the buildings only after the production of the completion / occupation certificate.
• If any deviations or violations against the approved plan are found after the completion certificate has been issued, the authority must take immediate legal action against the builder, owner, or occupant. Additionally, the official responsible for wrongly issuing the completion or occupancy certificate will face departmental action promptly.
• No authority, including local bodies of States or Union Territories, should grant permission or a license to conduct any business or trade in an unauthorized building, whether it is residential or commercial.
• Development must follow the zonal plan and its designated usage. Any changes to the zonal plan or usage must strictly follow the rules and consider the larger public interest and environmental impact.
• When the planning department or local body requests help from another department to act against unauthorized construction, the requested department must provide immediate support. Any delay or negligence will be taken seriously. States and Union Territories must also take disciplinary action against officials who fail to act when such issues are reported.
• If an owner or builder files an application or appeal regarding the denial of a completion certificate, regularization of unauthorized construction, or correction of deviations, the concerned authority must resolve it as quickly as possible. All such cases, including pending appeals or revisions, must be decided within 90 days as required by law.
• Banks and financial institutions should approve loans using a building as security only after confirming the completion or occupancy certificate provided by the concerned parties.