SC asks states on illegal construction policy

The Supreme Court on Wednesday inquired about policies from all states and Union territories regarding the regularization and demolition of long-standing unauthorized constructions throughout the nation. The court, while dismissing a petition filed by the Centre for Law and Good Governance, stated that such an issue primarily falls under the jurisdiction of state governments and local authorities due to varying circumstances and ground realities across regions.

Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana emphasized that it would be impractical for the court to impose a single national policy framework. They also mentioned that the Supreme Court had already established safeguards against sudden and arbitrary demolitions, particularly for those who have been in settled possession for decades. The court stressed that even long-standing unauthorized occupants should receive adequate notice before demolition, as stipulated by legal directives.

The petition highlighted the inconsistent approaches of various state governments towards unauthorized constructions, noting instances of sudden demolitions without proper notice or rehabilitation mechanisms for affected families. It argued that demolitions, being irreversible, require a well-planned policy that balances enforcement of planning and land-use laws with constitutional rights to shelter, livelihood, and dignity under Article 21.

The court acknowledged that unauthorised construction is not solely limited to economically vulnerable residents, with some structures serving commercial or profit-making purposes. In cases where large numbers of economically marginalized individuals occupy land, alternative accommodation becomes necessary, necessitating a policy decision. However, the bench clarified that the court does not have the authority to dictate specific policies to state governments, as it would infringe upon their powers to enforce laws.