AIR 2013 SUPREME COURT 927 ::2012 AIR SCW 5463 ::(2012) 2 WLC(SC)CVL 753 ::2013 (5) SCC 336 ::(2012) 10 Scale 29 ::AIR 2012 SC (Civil) 2786 ::(2013) 1 Cal HN 21 ::(2012) 4 ICC 715 ::(2013) 2 Mad LW 130 ::(2012) 8 Mad LJ 107

Supreme Court Of India

Hon'ble Judge(s): G. S. Singhvi, S. J. Mukhopadhaya , JJ

(A) Constitution of India , Art.21— Illegal/unauthorised construction - Affects fundamental rights - Failure of State to take prompt action against illegal constructions made by economically affluent persons - Court expressed annoyance. Illegal and unauthorized constructions of buildings and other structures not only violate the municipal laws and the concept of planned development of the particular area but also affect various fundamental and constitutional rights of other persons. The common man feels cheated when he finds that those making illegal and unauthorized constructions are supported by the people entrusted with the duty of preparing and executing master plan/development plan, zonal plan. The reports of demolition of hutments and jhuggi jhopris belonging to poor and disadvantaged section of the society frequently appear in the print media but one seldom gets to read about demolition of illegally/unauthorisedly constructed multi stories structure raised by economically affluent people. The failure of the State apparatus to take prompt action to demolish such illegal constructions has convinced the citizens that planning laws are enforced only against poor and all compromises are made by the State machinery when it is required to deal with those who have money power or unholy nexus with the power corridors.(Para 8) ....