Asks civic bodies to seal residential properties if any violation is found
New Delhi: The Supreme Court on Tuesday directed municipal authorities across the country to prioritise action against residential properties which are being used for commercial purposes and seal them if any violation is found.
A bench of Justices Ahsanuddin Amanullah and R Mahadevan said the areas which are not clearly specified for any particular usage either residential or commercial shall also be looked into but no action shall be taken as of now.
“We make it clear that all authorities shall carry out the exercise without any discrimination. If they resort to pick and choose method, the court will take strict view of the matter,” the bench said.
The top court had earlier taken note of apparent widespread and blatant violations of building bye-laws and land-use regulations. The apex court had said that constructions are frequently undertaken in blatant violation of the applicable norms and regulations, including in the prohibited areas.
“More importantly, upon completion, such lands and buildings are often put to uses other than those for which sanction was originally granted by the competent authority,” it had said.
The top court had passed the order after widening the ambit of a plea pertaining to illegal constructions in Chennai and decided to examine the issue on a pan-India basis.
The bench had said that it has been coming across cases where residential colonies are being converted into commercial areas by the unauthorised use of residential buildings and lands for commercial purposes.
“Such practices are not only contrary to law and public interest, but also cause significant inconvenience and prejudice to bona fide residents, who have invested substantial resources in purchasing property and constructing their houses. The environmental and civic consequences of such misuse by unscrupulous elements of society are equally serious…,” it had said. The top court had directed all municipal corporations and municipalities to conduct a comprehensive inquiry within their respective jurisdictions to identify areas that are demarcated for residential use.
