No Electricity, Water & Sewerage Connections For Buildings Without 'THIS' Certificate - Supreme Court
According to a supreme court ruling, banks and other financial institutions cannot approve loans secured by a building until they have confirmed the building's completion or occupation certificate. service providers are also required to provide buildings with electricity, water, and sewer connections only after presenting this certificate.
"No permission/license to conduct any business/trade must be given by any authorities including local bodies of states/Union Territories in any unauthorized building irrespective of it being residential or commercial building," a bench of Justices jb Pardiwala and R Madhvan said in a ruling that issued nationwide guidelines "in the larger public interest" to curb illegal constructions.
According to the statement, the applicant or builder must guarantee that the building will only be turned over to the owners or beneficiaries once the relevant authorities have issued a completion or occupancy certificate.
It upheld an allahabad High court order from december 2014 to demolish some illegal constructions in Meerut. "In addition to endangering the lives of the occupants and the nearby citizens, unauthorized constructions also have an impact on resources like electricity, groundwater, and access to roads, which are primarily designed to be made available in orderly development and authorized activities," the statement read.
A violation of any of these directives would result in the start of contempt proceedings in addition to the prosecution under the relevant laws, the Bench stated, noting that unapproved constructions must be curbed with an iron hand and that any leniency would amount to misplaced sympathy for them.
"We believe that projects that are built in contravention of or in deviance from the local government-approved building plan, as well as those that are boldly constructed without building planning approval, cannot be supported. The Bench stated that every single building must be meticulously done by the Rules.
According to the statement, officers who issue a certificate of fraudulent completion or occupation will data-face immediate departmental action.
In her opinion to the Bench, Justice madhavan made obvious that "delay in directing rectification of illegalities, administrative failure, regulatory inefficiency, cost of construction and investment, negligence and laxity on the part of the authorities concerned in performing their obligation(s) under the Act, cannot be used as a shield to defend action taken against the illegal/unauthorized constructions".
The decision was rendered more than a month after the supreme court ruled that "Bulldozer Justice" was unconstitutional and that the government could not destroy someone's home or business just because they were charged or found guilty of a crime.
"No permission/license to conduct any business/trade must be given by any authorities including local bodies of states/Union Territories in any unauthorized building irrespective of it being residential or commercial building," a bench of Justices jb Pardiwala and R Madhvan said in a ruling that issued nationwide guidelines "in the larger public interest" to curb illegal constructions.
According to the statement, the applicant or builder must guarantee that the building will only be turned over to the owners or beneficiaries once the relevant authorities have issued a completion or occupancy certificate.
It upheld an allahabad High court order from december 2014 to demolish some illegal constructions in Meerut. "In addition to endangering the lives of the occupants and the nearby citizens, unauthorized constructions also have an impact on resources like electricity, groundwater, and access to roads, which are primarily designed to be made available in orderly development and authorized activities," the statement read.
A violation of any of these directives would result in the start of contempt proceedings in addition to the prosecution under the relevant laws, the Bench stated, noting that unapproved constructions must be curbed with an iron hand and that any leniency would amount to misplaced sympathy for them.
"We believe that projects that are built in contravention of or in deviance from the local government-approved building plan, as well as those that are boldly constructed without building planning approval, cannot be supported. The Bench stated that every single building must be meticulously done by the Rules.
According to the statement, officers who issue a certificate of fraudulent completion or occupation will data-face immediate departmental action.
In her opinion to the Bench, Justice madhavan made obvious that "delay in directing rectification of illegalities, administrative failure, regulatory inefficiency, cost of construction and investment, negligence and laxity on the part of the authorities concerned in performing their obligation(s) under the Act, cannot be used as a shield to defend action taken against the illegal/unauthorized constructions".
The decision was rendered more than a month after the supreme court ruled that "Bulldozer Justice" was unconstitutional and that the government could not destroy someone's home or business just because they were charged or found guilty of a crime.