new delhi: perturbed at the rampant illegal construction activities in the picturesque doon valley and elsewhere in connivance with municipal bodies, the supreme court has issued notice to the union government to consider enacting a law enabling ”automatic” demolition of such unauthorised structures. in a major order, which the experts said was aimed at curbing large scale illegal construction despite a ban on it for protecting environment, a bench comprising justice b n kirpal, justice k g balakrishnan and justice arijit pasayat said, ”it is only if such a law is passed, which some wrong-doers may consider as draconian, that perhaps the malaise may be contained.” while hearing a public interest petition filed in 1995 by the supreme court monitoring committee alleging widespread illegal felling of trees in and around mussoorie, the bench castigated the authorities saying: ”the experience has been that despite notices which are issued for demolition, wherever excess construction or illegal construction has taken place, no demolition in effect is carried out and the wrong-doers continue to take benefit of their wrongful action by occupying and utilising the excess”. the bench considered the fact-finding report of a district judge and said: ”we can also take judicial notice of the fact that the municipal authorities all over the country are unwilling or unable or incapable of stopping illegal construction and or demolishing the same”. it was because of the authorities’ inertia that ”no effective action is taken in this regard, the number of violations of the building plans and the building bye-laws and encroachments are increasing in the country”. the bench also said that the wrong-doers were being emboldened by the fact ”that the law will not catch up with them”…..
THE ABOVE MENTIONED STORY IS FROM TIMES OF INDIA ON JANUARY 10 2002 REPEAT 2002….TAKEN OUT FROM TOI ARCHIEVES!!!!!!!
ANY IDEA WHETHER ANY SUCH LAW IS EXISTING TODAY AS ADVISED BY OUR SUPREME COURT IN 2002???
IF SO, KINDLY SHARE AND HIGHLIGHT…. IF NOT WHAT ACTION NEXT????
Natarajan
Take off with Natarajan 