THE Supreme Court has issued nationwide guidelines to combat the growing menace of unauthorized construction, requiring strict compliance with building regulations and directing that possession of buildings should only be handed over to owners or beneficiaries by a developer until ‘after obtaining a valid certificate of completion or occupancy.

Demanding greater accountability from builders, authorities and even financial institutions, a bench comprising Justices JB Pardiwala and R Mahadevan on Tuesday ordered that service providers, including electricity and water supply services , shall ensure that connections are granted only after verifying valid certificates of completion or occupancy. the addition of business and commercial licenses should also be refused in unlicensed residential or commercial buildings. The top court further ordered that banks and financial institutions must verify completion or occupancy certificates before sanctioning home loans.

The bench delivered the important judgment while upholding a demolition order against an illegal structure in Meerut, calling for an “iron fist” against violations and warning that leniency in such cases would amount to “misplaced sympathy” .

“Delays in resolving illegalities, administrative failures, ineffective regulation, cost of construction and investments, negligence and laxity on the part of the authorities concerned cannot be used as a shield to defend the measures taken against illegal or unauthorized constructions,” the bench noted.

Highlighting the far-reaching consequences of unauthorized constructions, the court said they not only endanger the lives of occupants and neighboring residents, but also disrupt orderly urban development and harm the environment. environment.

“Master plans or zonal development cannot be solely individual-centric but must be designed keeping in mind the larger interest of the public and the environment,” the judgment noted, adding that constructions Unauthorized activities put a strain on public resources, including electricity, groundwater and road access. , which are primarily intended for planned and authorized activities.

The court expressed disapproval over the tendencies of state governments to regularize illegal constructions, terming such practices short-sighted and detrimental to long-term urban planning.

“State governments often seek to enrich themselves through the regularization process by tolerating/ratifying violations and illegalities. The state does not realize that this gain is insignificant compared to the long-term damage it causes to orderly urban development and the irreversible negative impact on the environment,” he lamented.

To ensure strict compliance with construction laws and prevent future violations, the court established a set of guidelines. It prescribes that builders must undertake to ensure that possession of buildings will be transferred only after obtaining valid completion or occupancy certificates. The court also ordered authorities to carry out periodic inspections at construction sites and maintain records to ensure compliance with approved plans. Further, the court ordered the service providers to provide electricity, water and other utilities only after verifying the validity of the completion or occupancy certificates.

The judgment underlines the importance of acting in a timely manner, clarifying that certificates of completion or occupancy must be issued without undue delay once authorities have verified their compliance. Any discrepancies must be rectified before such certificates are granted, and legal action must be taken against violators.

The court also prohibited the issuance of trade or business licenses for unauthorized construction, whether residential or commercial, and required that all development comply with zonal plans and land use regulations. He called for strict action against officials responsible for unjustified issuance of certificates or non-enforcement of construction laws.

The Supreme Court further directed that any appeal or application for regularization or rectification of discrepancies should be resolved within 90 days to avoid unnecessary delay. He warned that failure to follow his directives would result in contempt proceedings and possible prosecution.

“Unless administration is streamlined and law enforcement officials are held accountable for failing to fulfill their legal obligations, violations of this nature would go unchecked and become more widespread. If officials are freed from accountability, they will be emboldened and continue to turn Nelson’s eye on all illegalities leading to derailment of all planned projects and pollution, traffic disorder, security hazards, etc. . “, he stressed.

The court ordered that the judgment be circulated to all high courts, state chief secretaries and local bodies to ensure its wide implementation.