Point of Law: State Governments should think of levying heavy penalties on such builders and therefrom develop a welfare fund which can be utilised for compensating and rehabilitating such innocent or unwary buyers who are displaced on account of demolition of illegal constructions.

JUDGMENT :

(Tarlok Singh Chauhan, J.)

1. The instant petition has been filed for grant of the following substantive relief:-

(i) That the notice issued by the respondent No. 3, dated 18.11.2020 Annexure P-2 may kindly be quashed and set aside.

2. The petitioner admits that he has encroached upon the forest land in Shimla town itself and has been served with the notice of eviction dated 18.11.2020.

3. The sole ground on which the petitioner claims a right to squat over the municipal land is that he has been paying the property tax to the Municipal Corporation, Shimla.

4. We really wonder how the mere fact of paying municipal tax would create any kind of right in favour of the petitioner so as to entitle him to keep occupying the government land.

5. It cannot be denied that post-independence almost all the cities, big or small have seen an unplanned growth and the menace of illegal and unauthorized construction and encroachments have acquired monstrous proportions and everyone has been paying a heavy price for the same. In fact, it is on account of encroachments made on the road, there are frequent traffic congestion affecting the heath of the road-users. The pedestrians and road-users are the worst victim of pollution which results in skin diseases of different types, asthma, allergy and even more dreaded disease like cancer.

6. At this stage, it will be apt to quote the observations made by the Hon’ble Supreme Court in Shanti Sports Club v. Union of India (2009) 15 SCC 705:-

“74 In the last four decades, almost all cities, big or small, have seen unplanned growth. In the 21st century, the menace of illegal and unauthorized constructions and encroachments has acquired monstrous proportions and everyone has been paying heavy price for the same. Economically affluent people and those having support of the political and executive apparatus of the State have constructed buildings, commercial complexes, multiplexes, malls, etc. in blatant violation of the municipal and town planning laws, master plans, zonal development plans and even the sanctioned building plans. In most of the cases of illegal or unauthorized constructions, the officers of the municipal and the other regulatory bodies turn blind eye either due to the influence of higher functionaries of the State or other extraneous reasons. Those who construct buildings in violation of the relevant statutory provisions, master plan, etc. and those who directly or indirectly abet such violations are totally unmindful of the grave consequences of their actions and/or omissions on the present as well as future generations of the country which will be forced to live in unplanned cities and urban areas. The people belonging to this class do not realize that the constructions made in violation of the relevant laws, master plan or zonal development plan or sanctioned building plan or the building is used for a purpose other than the one specified in the relevant statute or the master plan, etc., such constructions put unbearable burden on the public facilities/amenities like water, electricity, sewerage, etc. apart from creating chaos on the roads. The pollution caused due to traffic congestion affects the health of the road users. The pedestrians and people belonging to weaker sections of the society, who cannot afford the luxury of air-conditioned cars, are the worst victims of pollution. They suffer from skin diseases of different types, asthma, allergies and even more dreaded diseases like cancer. It can only be a matter of imagination how much the Government has to spend on the treatment of such persons and also for controlling pollution and adverse impact on the environment due to traffic congestion on the roads and chaotic conditions created due to illegal and unauthorized constructions. This Court has, from time to time, taken cognizance of buildings constructed in violation of municipal and other laws and emphasized that no compromise should be made with the town planning scheme