Constitutional Validity Of Gujarat Ordinance For Regularising Unauthorised Constructions Challenged, High Court Issues Notice

The impugned Ordinance was promulgated with the objective to regularise unauthorised developments in the Municipal Corporation areas, Nagarpalika areas and development areas in the State.

The petitioner, a Vadodara resident, alleged that there has been complete non-compliance with Article 213 of the Constitution. "There do not exist circumstances which render it necessary for the Govenor of the State to take immediate action...The enactment in question requires the assent of the President and in absence of the same also the impugned law could not have been promulgated," he said.

He contends that there exists no material or survey report to show the impact of the regularization of such a large number of illegal constructions across the State on the environment, ecology and infrastructure. "The regularization of such a large number of structures cannot be countenanced if the same is going to violate the rights of the citizens under Article 21 of the Constitution of India."

The plea adds that the impugned law gives unbridled and uncanalized power to the officers in respect of the regularisation of developments without parking spaces and fire safety measures. "The impugned law framed thereunder do not fasten liability and accountability on the officers sanctioning and regularizing the unauthorized development, which would lead to rampant corruption."

Reference is particularly made to Section 10 of the Ordinance which prescribes circumstances in which unauthorised development may be regularised. It is averred that the provision is "too overbroad" and covers all major irregularities "under the Sun" like margin, built-up area, parking, height, sanitary, etc are covered. "Further, the State is permitted to regularize any other defect by prescribing the same."

It is further contended that there is no provision of providing an opportunity of hearing to people who are inconvenienced by illegal and unauthorized construction and development of buildings. Thus, the impugned law is a gross violation of 14, 19 and 21 of the Constitution.

The division bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri has issued notice to all the respondents, including the State of Gujarat, Vadodara Mahanagar Seva Sadan and the Vadodara Municipal Corporation, returnable on April 10.

Removal of buildings on a large scale is fraught with the possibility of creating law and order problem and hardship to the common man as a large number of the people would be rendered homeless and would lose means of livelihood, the government had said while promulgating the Ordinance.

It had stipulated that an unauthorised development can be regularized only if it is consistent with the provisions of fire safety measures, structural stability and safety of occupants.

Case Title: Dhruvank Parimal Parikh v. State of Gujarat

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