Rajasthan High Court on Friday directed that no registration of flats in multi-storey buildings will be allowed in the state without issuance of completion certificate by the competent authority.
The single bench of the court issued the order on a petition by Chiranjilal Pilania against Dev Developers in Sikar, who constructed a G+5 multi-storey building on the municipal land after getting permission for a G+3 multi-storey building plan on his private land, violating the building plans in connivance with the municipal officials.
The court said the illegal constructions have become a scourge in urban and semi-urban centres across the state. The regulatory authorities are fighting what seems to be a losing battle against such constructions. The reason lies inter alia in corruption, inefficiency, sheer volume of work and neighbourhood apathy. Consequently, a belief has taken root in the minds of the builders and general public that laws regulating buildings plans can be violated with impunity notwithstanding the serious view taken by the Apex court with regard to illegal constructions.
The court directed the state government "to consider requisite steps to break the nexus between the developers and the regulatory bodies in allowing illegal constructions inter alia by directing that registering authorities across the state of Rajasthan to not register sale of flats in multi-storey buildings without the issuance of a completion certificate to the builder concerned."
The counsel for the petitioner Anoop Dhand said the court directed time-bound disposal of the present case to avoid delay. The court directed the municipal council of Sikar to decide on the application for regularization of the building within 10 days of the receipt of the court order.
The court said as far as the occupants are concerned, "it is also the obligation of the purchasers of flats in any multi-storey building to ensure that the construction is as per the approved plan. Every illegal construction cannot be prevented. But visible action on contravention is the necessary message which alone can safeguard the rule of law," the order said."
The single bench of the court issued the order on a petition by Chiranjilal Pilania against Dev Developers in Sikar, who constructed a G+5 multi-storey building on the municipal land after getting permission for a G+3 multi-storey building plan on his private land, violating the building plans in connivance with the municipal officials.
The court said the illegal constructions have become a scourge in urban and semi-urban centres across the state. The regulatory authorities are fighting what seems to be a losing battle against such constructions. The reason lies inter alia in corruption, inefficiency, sheer volume of work and neighbourhood apathy. Consequently, a belief has taken root in the minds of the builders and general public that laws regulating buildings plans can be violated with impunity notwithstanding the serious view taken by the Apex court with regard to illegal constructions.
The court directed the state government "to consider requisite steps to break the nexus between the developers and the regulatory bodies in allowing illegal constructions inter alia by directing that registering authorities across the state of Rajasthan to not register sale of flats in multi-storey buildings without the issuance of a completion certificate to the builder concerned."
The counsel for the petitioner Anoop Dhand said the court directed time-bound disposal of the present case to avoid delay. The court directed the municipal council of Sikar to decide on the application for regularization of the building within 10 days of the receipt of the court order.
The court said as far as the occupants are concerned, "it is also the obligation of the purchasers of flats in any multi-storey building to ensure that the construction is as per the approved plan. Every illegal construction cannot be prevented. But visible action on contravention is the necessary message which alone can safeguard the rule of law," the order said."
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