New Delhi (ILNS): The Allahabad High Court on Wednesday banned the implementation of the Compounding Scheme 2020 which will allow regularization of any illegal construction with a fee. The court has directed the Uttar Pradesh government and development authorities not to implement the new scheme.
This order has been given by Justice Ashwani Kumar Mishra on the petition of Meherban Ansari of Shahjahanpur.
The Court said that the scheme was primarily aimed at regularizing illegal constructions in violation of the provisions of the Urban Planning and Development Act. Such schemes are to frustrate those honest people who build buildings abiding by the law, by following the rules and getting permission for construction.
The court said that state officials are expected to stop illegal constructions and not to promote them. It also said that such schemes are going to frustrate honest people. Such people are also forced to follow the rules strictly, while the building builders are being given permission for more illegal construction in violation of the building construction law.
This order is a major setback for builders and building owners who legalize construction by making it contrary to the rule and paying compounding fees later.
The Court said that planned development cannot be compromised only on the basis that large amounts of private capital have been invested in illegal constructions. Also, State officials cannot make plans that are contrary to the provisions of the Act. Allowing this rule to be implemented would harm both the aims and objectives of the Urban Planning and Development Act.
Section 32 of the Act has the right to compound illegal constructions under the law, but this right is also not allowed to be taken out of the purview of the Act. The new compounding scheme, implemented on July 15, 2020, States that a lot of private capital is invested in illegal constructions whose demolition is neither practical nor humanly inappropriate.
The Court has sought an Affidavit from the Additional Chief Secretary Urban Development in this matter till October 20.
-India Legal Bureau