Illegal construction cannot be condoned with mere fine, says HC

A division bench of the court also pulled up the petitioners-D Rajappa and R Jayalakshmi-seeking review of its January 3 order for repeatedly approaching the court and litigating on the same issue that was already concluded. “The petitioners are trying to take everyone for a ride including this court and the apex court,” it said. 

“The basic principle to entertain a review application is to correct the errors, but not to substitute a view. The judgement under review cannot be reversed or altered taking away the rights declared and conferred by the Court under the said judgment,” said the bench comprising Justices M Venugopal and S Vaidyanathan. 

Noting that the violator was trying to justify the act while the authorities have identified 37 violations and many development regulations and parameters, the bench said, “If illegality like the present one on hand is going to be regularised or accepted, the law abiding citizens will be driven to an extent that the best method is to violate the law and take advantage of the situation.” 

The bench also extracted the Supreme Court’s order on the couple’s plea, which revealed that the petitioner had made an application in 2000 for regularisation of the building though the construction had not even commenced as on that date. By taking advantage of the rules the State framed, they wanted to have an advance certificate for future illegal construction, the apex court order had said. Also, observing that there has been alarming and mushrooming growth of unauthorised and illegal constructions, the bench said, “the State and the concerned authorities are required to act diligently and prevent recurrence of such kind of unlawful activities in future and deal with the violators with an iron hand.” 

The bench also expressed hope that no further extension of cut-off date for regularisation, would be granted in future.