The Supreme Court bench of Justices L. Nageswara Rao and B.R. Gavai will on Monday continue hearing the plea against regularisation of “illegal layouts” as the same is without conducting appropriate impact assessment on urban flooding, crowding, increase of slums, unregulated development etc and is against Article 14 & 21 of the Constitution of India.
The Apex Court had sought the response from the Ministry of Environment, Forest & CC, Housing & Urban Affairs, CBI, National Disaster Management Authority, States of Telangana, Tamil Nadu & Andhra Pradesh. It had also directed petitioner to implead all the States and Union Territories in the matter and list the matter for hearing after 8 weeks.
The petition has been filed by Juvvadi Sagar Rao through AOR Hitendra Nath Rath alleging that the respondent States have been implementing regularisation of “Illegal Layouts” in their respective states. The name itself clearly shows that the government is regularising illegal acts committed by real estate mafia with the help of Government officials in the respondent states. The regularisation scheme has been repeatedly implemented by the respondents despite damage to structures, forests, water bodies, roads, drains, nalas etc. which will cause immense harm to the environment, regulated development and cause traffic jams, stagnation of drainage, urban flooding etc.
The petitioner contended that the respondent states have a duty to abide by the Constitution of India and prepare the schemes according to law. But in the present case, Respondent States ignored the rule of law and allowed the illegal acts committed by real estate mafia and self interested people which will result disaster. He further alleged that the actions of the Respondent States is violative of Article 14 & 21 of the Constitution-of India.
The petitioner has sought the Court’s intervention to pass the following directions;
A. issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Government Orders annexed herewith as Annexure P 1 to P 7 issued by Respondent States without conducting appropriate impact assessment on urban flooding, crowding, increase of slums, unregulated development etc as illegal, unconstitutional and contrary to Article 14 & 21 of the Constitution of India and/or :,
B. Issue Writ, order, direction in the nature of Writ of Mandamus directing the Respondents to Appoint a committee headed by retired judge of this Hon’ble court or concerned High Court along with experts of urban planning, environment, disaster management from Respondent No. 1 to 3 along with the officials of respective States to verify impact of unauthorized, illegal layouts in respective States to suggest appropriate remedial measures and/or;
C. Issue Writ, order, direction in the nature of Writ of Mandamus directing the Respondent states to fix responsibility and take action on concerned public, private persons/entities for indulging sale/registration of plots, houses in illegal, unauthorized layouts in respective States and/or;
D. Issue Writ, order, direction in the nature of Writ of Mandamus directing the Respondent states to prepare action plan similar to the directions issued by this Hon’ble Court in ‘Municipal Corporation of Greater Mumbai & Ors Vs M/s Sunbeam Hightech Developers’, Civil Appeal No. 7627 of 2019 and/or;
E. Direct Union Ministry of Environment, Forest and CC to take appropriate action on illegal layouts, Area Development activity for violating EIA Notification, 2006, Environment, Water Acts and/or;
F. Direct the Respondent States to setup fund with the money generated from Regularization Scheme and spend the money for improving public facilities such as Sewage lines, parks, roads, street lighting, public places etc and/or;
G. Direct the Respondent States to conduct comprehensive inquiry through CBI/Vigilance department into the corruption, generation of black money in granting approvals to illegal layouts, houses and registration of properties in illegal, unapproved layouts.
W.P.(C) No. 1236/2020 PIL-W Juvvadi Sagar Rao Vs Union Of India And Ors.