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SUPREME COURT OF INDIA
G.S. SINGHVI & SUDHANSU JYOTI MUKHOPADHAYA, JJ.
DIPAK KUMAR MUKHERJEE - Appellant
VERSUS
KOLKATA MUNICIPAL CORPORATION AND OTHERS - Respondents
Civil Appeal No. 7356 of 2012 (Arising out of SLP(C) No. 23780/2011)
Decided On : 08-10-2012.
(b) Kolkata Municipal Corporation Act, 1980 - Section 396 and 400(8) - Construction in violation of sanctioned plan despite stop work notice - Not permissible - Demolition of unauthorized portion and compensation to affected buyers with interest and cost of Rs. 25 lakh. (Para 27)
(1974) 2 SCC 506; (1995) 2 SCC 577; (1995) 6 SCC 127; 1995 Supp.(4) SCC 595; (1991) 3 SCC 341; (1995) 5 SCC 762; (1997) 6 SCC 370; (1999) 6 SCC 464; (2004) 8 SCC 733; (2009) 15 SCC 705; (2010) 2 SCC 27 - Relied upon
Facts of the case:
This case relates to unauthorised constructions.
Finding of the Court:
Such illegal activity cannot be tolerated.
Result : Appeal allowed.
Key Points: - The judgment emphasizes that illegal construction in violation of sanctioned plans should be dealt with harshly and demolition ordered where appropriate (!) (!) (!) . - It analyzes rule-based possibilities for regularisation, particularly Rule 25(2) and its applicability to deviations from sanctioned plans (!) (!) (!) (!) (!) . - It discusses penalties, compensation obligations to flat purchasers, and costs/demands for demolition and compliance to ensure planned development (!) (!) (!) (!) (!) (!) . - It references the roles and actions of municipal authorities, stop-work notices, and the need for due process and natural justice in demolitions and regularisation processes (!) (!) (!) . - It highlights public interest and the impact of unauthorized constructions on residents, infrastructure, and urban planning (!) (!) (!) . - It notes that even where regularisation is sought, it cannot override clear violations of sanctioned plans and statutory notices (!) (!) . - It underscores the Court’s stance on zero tolerance toward illegal constructions and the necessity of prompt demolition after due processes (!) (!) .
JUDGMENT
G. S. Singhvi, J. - Leave granted.
2. In last four decades, the menace of illegal and unauthorised constructions of buildings and other structures in different parts of the country has acquired monstrous proportion. This Court has repeatedly emphasized the importance of planned development of the cities and either approved the orders passed by the High Court or itself gave directions for demolition of illegal constructions -(1) K. Ramadas Shenoy v. Chief Officers, Town Municipal Council (1974) 2 SCC 506; (2) Virender Gaur v. State of Haryana (1995) 2 SCC 577; (3) Pleasant Stay Hotel v. Palani Hills Conservation Council (1995) 6 SCC 127; (4) Cantonment Board, Jabalpur v. S.N. Awasthi 1995 Supp.(4) SCC 595; (5) Pratibha Coop. Housing Society Ltd. v. State of Maharashtra (1991) 3 SCC 341; (6) G.N. Khajuria (Dr) v. Delhi Development Authority (1995) 5 SCC 762; (7) Manju Bhatia v. New Delhi Municipal Council (1997) 6 SCC 370; (8) M.I. Builders Pvt. Ltd. v. Radhey Shyam Sahu (1999) 6 SCC 464; (9) Friends Colony Development Committee v. State of Orissa (2004) 8 SCC 733; (10) Shanti Sports Club v. Union of India (2009) 15 SCC 705 and (11) Priyanka Estates International Pvt. Ltd. v. State of Assam (2010) 2 SCC 27.
3. In K. Ramadas Shenoy v. Chief Officers, Town Municipal Council (supra), the resolution passed by the Municipal Committee authorising construction of a cinema theatre was challenged on the ground that the site was earmarked for the construction of Kalyan Mantap-cum-Lecture Hall and the same could not have been used for any other purpose. The High Court held that the cinema theatre could not be constructed at the disputed site but declined to quash the resolution of the Municipal Committee on the ground that the theatre owner had spent huge amount. While setting aside the High Court’s order, this Court observed:
“An illegal construction of a cinema building materially affects the right to or enjoyment of the property by persons residing in the residential area. The Municipal Authorities owe a duty and obligation under the statute to see that the residential area is not spoilt by unauthorised construction. The Scheme is for the benefit of the residents of the locality. The Municipality acts in aid of the Scheme. The rights of the residents in the area are invaded by an illegal construction of a cinema building. It has to be remembered that a scheme in a residential area means planned orderliness in accordance with the requirements of the residents. If the scheme is nullified by arbitrary acts in excess and derogation of the powers of the Municipality the courts will quash orders passed by Municipalities in such cases. The Court enforces the performance of statutory duty by public bodies as obligation to rate payers who have a legal right to demand compliance by a local authority with its duty to observe statutory rights alone. The Scheme here is for the benefit of the public. There is special interest in the performance of the duty. All the residents in the area have their personal interest in the performance of the duty. The special and substantial interest of the residents in the area is injured by the illegal construction.”
4. In Pratibha Coop. Housing Society Ltd. v. State of Maharashtra (supra), this Court approved the order passed by the Bombay Municipal Corporation for demolition of the illegally constructed floors of the building and observed:
“Before parting with the case we would like to observe that this case should be a pointer to all the builders that making of unauthorised constructions never pays and is against the interest of the society at large. The rules, regulations and bye- laws are made by the Corporations or development authorities taking in view the larger public interest of the society and it is the bounden duty of the citizens to obey and follow such rules which are made for their own benefits.”
5. In Friends Colony Development Committee v. State of Orissa (supra), this Court noted that larg
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