Ms. PRABHA SRIDEVAN, J.

The malady of illegal constructions coming up in brazen violation of all statutory provisions pained the Supreme Court into observing that:

“The experience has been that despite notices which are issued for demolition, wherever excess construction or illegal construction has taken place, no demolition in effect is carried out and the wrongdoers continue to take benefit of their wrongful action by occupying and utilizing the excess areas so constructed. We can also take judicial notice of the fact that the municipal authorities all over India are unwilling or unable or incapable of stopping illegal construction and/or demolishing the same. Because no effective action is taken in this regard, the number of violations of the building plans and the building bye-laws and encroachments are increasing in the country, the wrongdoers being emboldened by the fact that the law will not catch up with them.

A suggestion has been mooted that whenever any such illegal construction comes to notice, at first an opportunity should be granted to the wrongdoer to carry out the rectification and demolish the excess construction and in the event of his failing to do so,