Supreme Court Takes Hard Line on Unauthorised Constructions: Demolition Must Be the Rule, Not the Exception
Background of the Case The Supreme Court of India has delivered a strong message against unauthorised constructions, holding that courts must not legitimise illegal structures merely because municipal regulations allow compounding on payment of fees. The observations were made while dismissing a petition challenging the demolition of unauthorised constructions in Secunderabad, Telangana. The appeal arose from a judgment of the Telangana High Court which had ordered the removal of illegal constructions raised without permission from the Secunderabad Cantonment Board. A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi emphasised that post-facto regularisation of illegal constructions defeats the rule of law and encourages rampant encroachment on public and private land. Supreme Court’s Observations: Rule of Law Cannot Be Compromised The apex court categorically held that demolition is the correct legal course where unauthorised constructions are raised, a...