No Completion Certificate, No Services: SC Issues Slew Of Directions To Curb Illegal Constructions, Violations

In a landmark ruling, the Supreme Court on Tuesday (17 December) declared that unauthorised constructions cannot be legitimised merely due to administrative delays, passage of time, or financial investments.

The court issued a series of directives aimed at curbing illegal constructions and ensuring strict adherence to urban development laws.

A bench comprising Justices J B Pardiwala and R Mahadevan upheld the demolition of unauthorised commercial constructions on a residential plot in Meerut, emphasising the need for strict adherence to urban planning laws and accountability of officials.

The court stated, “Construction(s) put up in violation of or deviation from the building plan approved by the local authority and the constructions which are audaciously put up without any building planning approval, cannot be encouraged. Each and every construction must be made scrupulously following and strictly adhering to the rules.”

The bench emphasised that violations, even post-construction, must prompt swift corrective action, including demolition of the illegal portions and penalties for negligent officials.

It warned against leniency, stating it would amount to “misplaced sympathy.”

In its 36-page judgment, the court outlined measures for improving urban development enforcement.

Builders must pledge not to hand over possession without obtaining completion or occupation certificates.

Approved building plans must be displayed at construction sites throughout the building process, with periodic inspections recorded by authorities.

The court directed that essential services like electricity, water, and sewage connections should be provided only upon submission of completion and occupation certificates.

Any deviations found during inspections must be rectified before such certificates are issued.

The bench also directed that banks and financial institutions verify completion certificates before sanctioning loans against any building as a security.

It further instructed authorities to dispose of applications related to regularisation of unauthorised constructions or rectification of deviations within 90 days.

The judgment upheld a 2014 Allahabad High Court decision ordering the demolition of illegal structures in Meerut’s Shastri Nagar and directed its registrar to circulate the ruling to all high courts for reference in similar disputes.

“The violation of any of the directions would lead to initiation of contempt proceedings," the court said.

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