SUPREME COURT OF INDIA

Before:- B.N. Kirpal, K.G. Balakrishnan and A. Pasayat, JJ.

W.P. (C) No. 749 of 1995 with 469 of 1996 Suo Motu Contempt Petn. (C) Nos. 14-134 of 1998 in WP (C) No. 749 of 1995; SLP (C) Nos. 20791-20792 of 2001. D/d. 7.1.2002.

Supreme Court Monitoring Committee - Petitioner

Versus

Mussoorie Dehradun Dev. Aty. and others - Respondents

For the Petitioner :- Harish N. Salve, SG, Amicus Curiae, Prashant Bhushan, Prashant Kumar, Prasenjit Keswani and Joseph Pookkatt and Dinesh K. Garg, Advocates.

For the Respondent :- Ajay K. Agrawal, C. Siddharth, Advocates, Ajay K. Agrawal, Mahesh Chandra, Ajay K. Agrawal, Anamika Agrawal, A.D.N. Rao, Anil Katiyar, Advocate (NP); A. Rab, M/s. Giridhar G. Upadhyay, Syed Ali Ahmad, Syed Tanweer Ahmed, Vikas Bansal and R.D. Upadhyay, H.K. Puri, S.K. Puri, Ujjwal Banerjee and Anindita Gupta, S.S. Jauhar, Dinesh Kumar Garg, Ashok K. Srivastava, Prashant Kumar, Prasenjit Kumar, Joseph Pookkatt, N.N. Keswani, R.N. Keshwani, Debasis Misra, P.N. Gupta, S.K. Mehta, Advocates.

Constitution of India, Article 32 - Illegal construction - At first an opportunity should be granted to wrong doer to carry out rectification - If it is not done, illegal construction should automatically by operation of law, vest in the State free from all encumbrances without state having to pay any compensation - Notice to issue, to Union of India, Ministry of law and justice and Ministry of Urban Development to give response to above suggestion.

[Paras 2 and 3]

ORDER

The Report of the District Judge shows large scale illegal construction which has taken place. The experience has been that despite notices which are issued for demolition, wherever excess construction or illegal construction has taken place, no demolition in effect is carried out and the wrong doers continue to take benefit of their wrongful action by occupying and utilising the excess areas so constructed. We can also take judicial notice of the fact that the municipal authorities all over India are unwilling or unable or incapable of stopping illegal construction and/or demolishing the same. Because no effective action is taken in this regard, the number of violations of the building plans and the building bye-laws and encroachments are increasing in the country, the wrong doer being emboldened by the fact that the law will not catch up with them.

2. A suggestion has been mooted that whenever any such illegal construction comes to notice, at first an opportunity should be granted to the wrong-doer to carry out the rectification and demolish the excess construction and in the event of his failing to do so the illegal construction should automatically and by operation of law, vest in the State free from all encumbrances and without the State having to pay any compensation in respect thereof. It is only if such a law is passed, which some wrong doers may consider as draconian, that perhaps the malaise may be contained.

3. Notice to issue, in the first instance, to the Union of India, Ministry of Law and Justice and the Ministry of Urban Development, to give response to the above suggestion, returnable on 4th Feb. 2002.

Order accordingly.