Supreme Court Issues Notice In Plea Against Regularisation Of Illegal Constructions; Directs Impleadment Of All States & UT's

The Supreme Court on Wednesday issued notices to the Union Environment, Forest and Urban Development Ministry, CBI and states of Telangana, Andhra Pradesh, Tamil Nadu, National Disaster Management Authority in a case pertaining to regularization of illegal layouts and constructions.

Justice L. Nageswara Rao led bench also directed the petitioner to implead all other States and Union Territories and issued notice to them, thereby posting the case for further hearing after 8 weeks.

The genesis of the writ petition, filed by AOR Hitendranath Rath and drafted by Sravan Kumar, Advocate is that intervention of the Top Court has been sought for issuance of directions declaring Government orders issued by the States aforementioned as unconstitutional which have regularised illegal constructions and layouts in the vicinities of the States without paying heed to the impact assessment on urban flooding, crowding, increase of slums and unregulated development.

The Petitioner argues that the States have introduced regularization of illegal layouts and constructions which is in violation of Rule of Law, encouraging corruption, besides putting burden on the existing users but not the private and government officers who are responsible for the illegal layouts.

"The action of the State Respondents is violative of Article 14 and 21 of the Constitution of India," the plea avers stating that implementing regularization of "ILLEGAL LAYOUTS" in respective States, itself clearly shows that the government is regularizing the illegal act committed by Real estate Mafia with the help of Government officials in the Respondent States. 

"The regularization scheme has been repeatedly implementing by the Respondent States for the structures, layouts situated in eco sensitive zones, elephant corridors, reserve forest, water bodies, roads, drains, nalas etc, which will cause immense damage to the environment, regulated development and cause traffic jams, stagnation of drainage, urban flooding etc."

- Plea in SC

It is contended that that the Respondent States have issued government orders in the year 2020 for regularization of illegal layouts in the respective States and that instead of regulating the illegal acts committed by the Real Estate Mafia, the Respondent States have come forward to regularize the illegalities which are highly illegal and disastrous. 

In this context, the petitioner has highlighted the Tamil Nadu Regularisation scheme and the Telangana Regularisation Scheme and the repercussions on safety and environment that it could entail.

Stating that the said schemes are in contravention of the Rule of law the Petitioner, inter alia has stipulated the ground that such "regularisation" will discourage the persons who have followed the rules and regulations and encourage the persons, real estate mafia to undertake unauthorized colonies, layotus in future.

Apropos this, the plea also seeks appointment of a committee headed by retired judge of this Hon'ble court or concerned High Court along with experts of urban planning, environment, disaster management along with the officials of respective States to verify impact of unauthorized, illegal layouts in respective States to suggest appropriate remedial measures.

The petitioner has also listed out other prayers which are follows:

• Issue Writ, order, direction in the nature of Writ of Mandamus directing the Respondent states to fix responsibility and take action on concerned public, private persons/entities for indulging sale/registration of plots, houses in illegal, unauthorized layouts in respective States and/or;
• Issue Writ, order, direction in the nature of Writ of Mandamus directing the Respondent states to prepare action plan similar to the directions issued by this Hon'ble Court in 'Municipal Corporation of Greater Mumbai & Ors Vs M/s Sunbeam Hightech Developers', Civil Appeal No. 7627 of 2019 and/or;
• Direct Union Ministry of Environment, Forest and CC to take appropriate action on illegal layouts, Area Development activity for violating EIA Notification, 2006, Environment, Water Acts and/or;
• Direct the Respondent States to setup fund with the money generated from Regularization Scheme and spend the money for improving public facilities such as Sewage lines, parks, roads, street lighting, public places etc and/or;
• Direct the Respondent States to conduct comprehensive inquiry through CBI/Vigilance department into the corruption, generation of black money in granting approvals to illegal layouts, houses and registration of properties in illegal, unapproved layouts.