Hi
Greetings
No More Regularisation, Compounding. Face Heavy Penalties.
Nexus of Politicians, Executive, Affluent Admitted.
A must read for all the RWAs of Gurgaon (Babus/politicians/affluent)
-fighting Illegal Addition of Floors/Villas/Flats
-Political and administrative pressure for regularisation of illegal and unauthorised construction
-Serious impact on health/environment/quality/safety/water supply/sewerage/traffic/community development/overcrowding/lack of recreational facilities/
OBSERVATIONS!!
-the State Governments should think of levying heavy penalties on such builders and therefrom develop a welfare fund which can be utilised for compensating and rehabilitating such innocent or unwary buyers who are displaced on account of demolition of illegal constructions
-Though the local authorities have the staff consisting of engineers and inspectors whose duty is to keep a watch on building activities and to promptly stop the illegal constructions or deviations coming up, they often fail in discharging their duty.
-If such activities are to stop some stringent actions are required to be taken by ruthlessly demolishing the illegal constructions and non-compoundable deviations.
-Though the municipal laws permit deviations from sanctioned constructions being regularised by compounding but that is by way of exception. Unfortunately, the exception, with the lapse of time and frequent exercise of the discretionary power conferred by such exception, has become the rule. Compounding of deviations ought to be kept at a bare minimum.
-The cases of professional builders stand on a different footing from an individual constructing his own building. A professional builder is supposed to understand the laws better and deviations by such builders can safely be assumed to be deliberate and done with the intention of earning profits and hence deserve to be dealt with sternly so as to act as a deterrent for future.
-It is time that the message goes aboard that those who defy the law would not be permitted to reap the benefit of their defiance of law and it is the duty of High Courts to ensure that such definers of law are not rewarded.
-compounding is not to be done when the violations are deliberate, designed, reckless or motivated. Marginal or insignificant accidental violations unconsciously made after trying to comply with all the requirements of the law can alone qualify for regularization which is not the rule, but a rare exception.
-no compromise should be made with the town planning scheme and no relief
should be given to the violator of the town planning scheme, etc. on the ground that he has spent substantial amount on construction of the buildings, etc. COST OF CONSTRUCTION NOT IMPORTANT
-Unfortunately, despite repeated judgments by this Court and the High Courts, the builders and other affluent people engaged in the construction activities, who have, over the years shown scant respect for regulatory mechanism envisaged in the municipal and other similar laws, as also the master plans, zonal development plans, sanctioned plans, etc., have received encouragement and support from the State apparatus
-those in power have come forward to protect the wrongdoers either by issuing administrative orders or enacting laws for regularisation of illegal and unauthorised constructions in the name of compassion and hardship.
-The common man feels cheated when he finds that those making illegal and unauthorised constructions are supported by the people entrusted with the duty of preparing and executing master plan/development plan/zonal plan.
- all compromises are made by the State machinery when it is required to deal with those who have money power or unholy nexus with the power corridors.
COMPLETE JUDGEMENT BY HONBLE SUPREME COURT REGARDING COMPOUNDING AND REGULARISATION OF ILLEGAL CONSTRUCTION
Please note that Apartment/Flat/Villa Holders may be equally responsible if they knowingly buy any unauthorised structure/construction.
Such construction has to be demolished and not regularised irrespective of any reason as it seems!!!
Cheers
Greetings
No More Regularisation, Compounding. Face Heavy Penalties.
Nexus of Politicians, Executive, Affluent Admitted.
A must read for all the RWAs of Gurgaon (Babus/politicians/affluent)
-fighting Illegal Addition of Floors/Villas/Flats
-Political and administrative pressure for regularisation of illegal and unauthorised construction
-Serious impact on health/environment/quality/safety/water supply/sewerage/traffic/community development/overcrowding/lack of recreational facilities/
OBSERVATIONS!!
-the State Governments should think of levying heavy penalties on such builders and therefrom develop a welfare fund which can be utilised for compensating and rehabilitating such innocent or unwary buyers who are displaced on account of demolition of illegal constructions
-Though the local authorities have the staff consisting of engineers and inspectors whose duty is to keep a watch on building activities and to promptly stop the illegal constructions or deviations coming up, they often fail in discharging their duty.
-If such activities are to stop some stringent actions are required to be taken by ruthlessly demolishing the illegal constructions and non-compoundable deviations.
-Though the municipal laws permit deviations from sanctioned constructions being regularised by compounding but that is by way of exception. Unfortunately, the exception, with the lapse of time and frequent exercise of the discretionary power conferred by such exception, has become the rule. Compounding of deviations ought to be kept at a bare minimum.
-The cases of professional builders stand on a different footing from an individual constructing his own building. A professional builder is supposed to understand the laws better and deviations by such builders can safely be assumed to be deliberate and done with the intention of earning profits and hence deserve to be dealt with sternly so as to act as a deterrent for future.
-It is time that the message goes aboard that those who defy the law would not be permitted to reap the benefit of their defiance of law and it is the duty of High Courts to ensure that such definers of law are not rewarded.
-compounding is not to be done when the violations are deliberate, designed, reckless or motivated. Marginal or insignificant accidental violations unconsciously made after trying to comply with all the requirements of the law can alone qualify for regularization which is not the rule, but a rare exception.
-no compromise should be made with the town planning scheme and no relief
should be given to the violator of the town planning scheme, etc. on the ground that he has spent substantial amount on construction of the buildings, etc. COST OF CONSTRUCTION NOT IMPORTANT
-Unfortunately, despite repeated judgments by this Court and the High Courts, the builders and other affluent people engaged in the construction activities, who have, over the years shown scant respect for regulatory mechanism envisaged in the municipal and other similar laws, as also the master plans, zonal development plans, sanctioned plans, etc., have received encouragement and support from the State apparatus
-those in power have come forward to protect the wrongdoers either by issuing administrative orders or enacting laws for regularisation of illegal and unauthorised constructions in the name of compassion and hardship.
-The common man feels cheated when he finds that those making illegal and unauthorised constructions are supported by the people entrusted with the duty of preparing and executing master plan/development plan/zonal plan.
- all compromises are made by the State machinery when it is required to deal with those who have money power or unholy nexus with the power corridors.
COMPLETE JUDGEMENT BY HONBLE SUPREME COURT REGARDING COMPOUNDING AND REGULARISATION OF ILLEGAL CONSTRUCTION
Please note that Apartment/Flat/Villa Holders may be equally responsible if they knowingly buy any unauthorised structure/construction.
Such construction has to be demolished and not regularised irrespective of any reason as it seems!!!
Cheers