HC restrains govt from compoundingillegal construction

Prayagraj: Allahabad High Court on Wednesday restrained UP government and all development authorities within the state from compounding any illegal construction pursuant to the Compounding Scheme, 2020, notified by the state on July 15, 2020.
UP gvernment had issued Compounding Scheme, 2020, under which constructions, otherwise not permissible in building bye-laws, have been made compoundable. Hearing a writ petition filed by Mohd Meherban Ansari and three others, Justice Ashwani Kumar Mishra directed additional secretary of department concerned to file reply justifying the scheme. The court has fixed October 20 as the next date of hearing. The court observed, “A prima facie perusal of the Compounding Scheme, 2020, would go to show that the illegalities committed by violating the provisions of the UP Urban Planning and Development Act, 1973 (Act of 1973) by raising illegal constructions are sought to be regularized upon payment of huge composition fee.”
“The authorities of the state government are expected to act in furtherance of the object of the Act, so as to stop illegal constructions and not to encourage such illegal constructions upon payment of hefty amount. This would clearly discourage the honest citizens who ensure compliance of laws by obtaining prior permission as per the Act of 1973, inasmuch as they are subjected to stricter norms provided in the building bye-laws, while those who violate the law are allowed to raise much larger constructions, which is not even permissible in the building bye-laws,” the court further observed.
“The Compounding Scheme, 2020, otherwise appears to be wholly beyond the scope of the Act of 1973 including Section 32. Section 32 only permits composition of offences and not permits raising of constructions contrary to the building plan. The compounding of development undertaken contrary to the Act of 1973 is therefore, prima facie, found to be clearly contrary to the aims, objectives and the provisions of the Act of 1973,” the court observed. The court directed the state government to communicate this order to all the development authorities in the state for compliance.