Judgment :-

G.S. Singhvi, J.

1. In last five decades, the provisions contained in various municipal laws for planned development of the areas to which such laws are applicable have been violated with impunity in all the cities, big or small, and those entrusted with the task of ensuring implementation of the master plan, etc., have miserably failed to perform their duties. It is highly regrettable that this is so despite the fact that this Court has, keeping in view the imperatives of preserving the ecology and environment of the area and protecting the rights of the citizens, repeatedly cautioned the concerned authorities against arbitrary regularization of illegal constructions by way of compounding and otherwise. In Friends Colony Development Committee v. State of Orissa (2004) 8 SCC 733, this Court examined the correctness of an order passed by the Orissa High Court negating the appellant’s right to be heard in a petition filed by the builder who had raised the building in violation of the sanctioned plan. While upholding the appellant’s plea, the two-Judge Bench observed:

“………Builders violate with impunity the sanctioned building plans and indulge in deviations much to the prejud