New Delhi, May 1 (UNI) In a stern warning to violators of urban planning laws, the Supreme Court on Thursday dismissed a plea seeking regularisation of an unauthorised two-storey building in Kolkata, reinforcing its zero-tolerance approach to illegal constructions.
A Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan upheld a prior ruling of the Calcutta High Court, which had directed demolition of the unlawful structure and refused to entertain any request for post-facto regularisation.
“Unauthorised construction has to be demolished. There is no way out,” the Court declared, rejecting arguments by the petitioner’s counsel that a chance for regularisation should be granted.
“The law ought not to come to the rescue of those who flout its rigours. Allowing regularisation would foster a culture of impunity, undermining the deterrent effect of law, which is the cornerstone of a just and orderly society,” the Court emphasised in its detailed observations.
The Bench further stated that judicial discretion must not override statutory requirements and cautioned that courts are not free from legal fetters when it comes to enforcing the rule of law.
Criticising legislative trends in various states that allow regularisation through payment of “impact fees,” the Supreme Court warned that such policies risk encouraging further violations and eroding legal discipline in urban planning.
“Justice is to be rendered in accordance with law. The courts must adopt a strict approach while dealing with illegal constructions and avoid misplaced sympathy,” it said.
The Court also referred to its earlier ruling in Rajendra Kumar Barjatya v. U.P. Avas Evam Vikas Parishad, reiterating that every construction must strictly adhere to building norms, and that leniency in such matters only rewards lawlessness.
Dismissing the appeal, the Bench made it clear that no amount of post-construction pleading can override the need to preserve order, legality, and fairness in urban development.
