Restraint On 'Coercive Action' For GDCR Non-Compliance On Buildings With No BU: Supreme Court Directs Gujarat Govt. To Hold The Notification In Abeyance

The Supreme Court on Friday directed to be kept in abeyance the July 8 notification issued by the Gujarat government restraining coercive action against the buildings having no BU permission till three months from December 31, 2021, which is the last date of applicability of the Gujarat Epidemic Diseases COVID-19 Regulation, 2020.

The bench of Justices D. Y. Chandrachud and M. R. Shah noted that on July 8, 2021, a notification has been issued by the government of Gujarat in the Urban Development and Urban Housing Department, purportedly in exercise of the powers conferred by Section 122 of the Gujarat Town Planning and Urban Development Act, 1976.

"The power which is vested in the state government under section 122 is to facilitate the efficient administration of the town planning and urban development legislation", commented the bench, noting that on the contrary, "as a consequence of the notification of 8 July 2021, the state government has directed that the buildings which do not have valid building use permission; or buildings which are in breach of building use permission; or Buildings which have violated development control regulations as to height restrictions etc shall be exempt from obligation to comply with the GDCR for a period of three months from the last date of applicability of the Gujarat Epidemic Regulations"

The bench recorded that though the notification states that in the meantime, the defaulting entities shall immediately take corrective measures to comply with the regulations, within a period of three months, directions have been issued to all the local bodies in the state to take no coercive measures.

"At this stage, it does appear that taking cover of the Covid 19 pandemic, a benefit has been conferred on them and the notification is clearly ultra vires the provisions of section 122. Exemption from complying with development control regulations which have been validly issued under the town planning legislation has no nexus with the need to ensure the availability of services in the pandemic. As a matter of fact, granting exemptions from complying with the development control regulations which are made in the interest of the public to promote the health safety and welfare of citizens is not contemplated, and less so in exercise of the powers conferred by section 122", reflected the bench.

Consequently, the bench directed that pending further orders, the notification dated July 8, 2021 shall be held in abeyance by the state of Gujarat.

"We expect the state of Gujarat to take all steps to ensure compliance in accordance with the rule of law", the bench added.

Case Title: In Re: The Proper Treatment Of Covid 19 Patients And Dignified Handling Of Dead Bodies In The Hospitals Etc.

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