Ruling class is protecting builders: SC

Stalling of the demolition and sealing drive against illegal buildings and encroachments in Delhi by a Parliament enacted law came in for sharp criticism from the Supreme Court, which said the protection given to wrong doers by the ruling class has irreparably harmed planned development.

Because of the encouragement and support from the state apparatus, the powerful construction lobby has shown scant regard to repeated anti-encroachment orders of the Supreme Court and the High Courts and also to the master plans and zonal development plans, said a Bench of Justices B N Agrawal and G S Singhvi.

‘‘As when the courts have passed orders or the officers of the local and other bodies have taken action for ensuring rigorous compliance of laws relating to planned development of the cities and urban areas and issued directions for demolition of illegal/unauthorized constructions, those in power have come forward to protect the wrong doers by issuing administrative orders or enacting laws for regularization of illegal and unauthorized constructions in the name of compassion and hardship,’’ the Bench said.

Writing for the Bench, Justice Singhvi said such protection has irreparably harmed the concept of planned development of cities and urban areas.

‘‘It is high time that the executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies of affluent builders and others, else even the rural areas of the country will soon witness similar chaotic situation,’’ the Bench said.

The Bench’s anguish brimmed over in its judgment dismissing an appeal by Shanti Sports Club, which had sought legalization of a vast expanse of government land in south Delhi’s posh Vasant Kunj area which it had encroached upon and set up several sports and club facilities.

The SC did not miss then urban development minister Ram Jethamalani’s soft approach towards the encroachment. ‘‘The then minister, who recorded a note dated June 8, 1999, was extremely magnanimous to the Shanti Sports Club when he wrote that the extensive construction must have been made with full cooperation of public servants concerned,’’ it said. Jethamlani had advocated no demolition and favoured ‘‘negotiations’’ for regularization.

The Bench agreed with the reason behind the encroachment but refused to accept the regularization suggestion. It said: ‘‘Having carefully examined the entire record, we have no hesitation to observe that the construction of this magnitude could not have been possible, but for the active connivance of the concerned public servants who turned a blind eye to the huge structure being built on the acquired land without any sanctioned plan.’’
Source:- The Times of India 28 August 2009 Page 4 Delhi