LexRAJENDRA KUMAR BARJATYA AND ANOTHER versus U.P. AVAS EVAM VIKAS PARISHAD & ORS.
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[2024] 12 S.C.R. 1320 : 2024 INSC 990 Rajendra Kumar Barjatya and Another v. U.P. Avas Evam Vikas Parishad & Ors. (Civil Appeal No. 14604 of 2024) 17 December 2024 [J.B. Pardiwala and R. Mahadevan,* JJ.] Issue for Consideration Respondent Nos.5 (original allottee of the plot) and 6 (Respondent No.5’s power of attorney) without any approval from the competent authority, unauthorizedly constructed commercial shops on the subject property which was residential in nature and sold them to the appellants; Impugned order passed by High Court ordering demolition and directing criminal as well as departmental action against the erring officials. Headnotes† Illegal/Unauthorized constructions – U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 – s.83 – High Court allowed the writ petition filed by Respondent No.1-authority and directed demolition of the commercial shops of the appellants built on the subject property which was residential in nature; criminal and departmental action also directed against the erring officials – Challenge to: Held: Order passed by the High Court is well-reasoned – From 1990 onwards, though the Respondent No.1 periodically issued notices for removal of unauthorized constructions, however, it did not lead to actual removal/demolition – Despite sufficient opportunities being granted to Respondent Nos.5 and 6 they continued the illegality and thus, cannot plead estoppel – Further, the fact that the notices issued by the authorities between 1990 to 2013 did not culminate into demolition also speaks volumes about the lackadaisical attitude of the authorities which smacks of collusion with the violators – Thus, the fact that the building has stood for over 24 years will not give the appellants any right in law alleging delay and latches – There was no violation of the principles of natural justice – Respondent No.1 after sending notices to the * Author [2024] 12 S.C.R. 1321 Rajendra Kumar Barjatya and Another v. U.P. Avas Evam Vikas Parishad & Ors. original allottee i.e., Respondent No.5 took steps to remove the unauthorized construction made on the subject property – Thus, the action impugned is not de novo action, but only continuation of the earlier line of events – A situation was created, where the Authority itself was forced to approach the High Court for a writ of mandamus to the district police to provide help in demolition of the unauthorized constructions – Order of the High Court confirmed – Unauthorised construction made on the subject property to be demolished – Appropriate criminal as well as departmental action be taken against the erring officials/persons concerned as directed by the High Court and a report be filed before this Court – Appeals dismissed. [Paras 15, 16.1, 18, 22] Illegal/unauthorized constructions – Directions by Supreme Court – Comprehensive directions issued in larger public interest, in addition to the directives issued in Re: Directions in the matter of demolition of structures – Directions to be scrupulously followed, violation to result in departmental action, contempt proceedings in addition to prosecution under the respective laws: Held: (i) While issuing the building planning permission, an undertaking be obtained from the builder/applicant, as the case may be, to the effect that possession of the building will be entrusted and/or handed over to the owners/beneficiaries only after obtaining completion/occupation certificate from the authorities concerned (ii) The builder/developer/owner shall cause to be displayed at the construction site, a copy of the approved plan during the entire period of construction and the authorities concerned shall inspect the premises periodically and maintain a record of such inspection in their official records (iii) Upon conducting personal inspection and being satisfied that the building is constructed in accordance with the building planning permission given and there is no deviation in such construction in any manner, the completion/ occupation certificate in respect of residential/commercial building, be issued by the authority concerned to the parties concerned, without causing undue delay – If any deviation is noticed, action must be taken in accordance with the Act and the process of issuance of completion/occupation certificate should be deferred, unless and until the deviations pointed out are completely rectified (iv) All the necessary service connections, such
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