Authority of local government bodies to enforce building regulations and the procedure for addressing unauthorized constructions.

JUDGMENT

Dated this the 30^th day of January, 2026 Petitioner has approached this Court challenging Ext.P7 order issued by the Ombudsman for Local Self Government Institutions, wherein a direction was issued to the respondent Panchayat to take action against the building constructed by the petitioner stating that the construction is unauthorised. Petitioner is also aggrieved by Ext.P8, a consequential order issued by the respondent Panchayat directing the petitioner to demolish the unauthorised construction.

2. It is the admitted case of the petitioner that the building has been constructed without obtaining necessary permit from the local authority. Therefore, the direction issued by the respondent Panchayat as per Ext.P8 cannot be interfered with. Though the petitioner has a case that the said notice was issued in compliance with the direction in Ext.P7 which according to the petitioner is illegal inasmuch as the Omudsman for Local Self Government Institution has no authority to pass an order in the nature of Ext.P7. Whatever that be, I am not interfering with Exts.P7 and P8 especially for the reason that the building has been constructed without obtaining necessary permit from the local authority. Petitioner would submit that he would file necessary regularisation application and appropriate direction may be issued to the local authority to consider the same. The learned Counsel appearing for the respondent Panchayat submits that they have no objection in considering the regularisation application if any, in accordance with law.

Taking into consideration the above facts and circumstances, I am inclined to dispose of the writ petition as follows:-

Petitioner may file appropriate application seeking regularisation within a period of three weeks from the date of receipt of a copy of this judgment. If such an application is filed, the same shall be appropriately considered by the 2^nd respondent in accordance with law, within a further outer limit of one month thereafter, after affording an opportunity of being heard to the petitioner and the 5^th respondent. Subject to the outcome of the decision to be taken on the regularisation application, the respondent Panchayat shall take consequential action on the basis of Ext.P8.

Sd/-