pvr 1 wp5059-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5059 OF 2011 1.Pulin Co-op.Housing Society Ltd. and another. ...Petitioners vs. 1.State of Maharashtra & Ors. ...Respondents --- Mr.Gaurav Joshi i/b. Vijay Kumar Aggarwal, for Petitioners. Mr.C.R.Sonawane, AGP for Respondent no.1. Mr.G.S.Hegde, for Respondent nos.2 and 3. --- CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATED: 13th July,2011. P.C.:- 1. The petitioners admittedly has raised additional construction without even applying for sanction of the building plan for that additional construction. The petitioners have acted in pvr 2 wp5059-11 defiance of the law which provides that before raising any permanent construction, building plan is to be submitted to the planning authority and only after that building plan is sanctioned, the construction can be raised. Therefore, the petition filed by such a person cannot be entertained in extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. If the petitions filed by such litigants are entertained, it will encourage others to do the same thing. A Court of law cannot do anything that will encourage breaking of the law. The Supreme Court in its recent judgment in the case Sanjay Adlakha Vs. State of Haryana & Ors, 2011(6) SCALE 419 has referred to the judgment of the Supreme Court in the case Shanti Sports Club & Anr. Vs. Union of India & Ors., (2009)15 SCC 705 , specially to the observations in paragraphs 73 to 75 which reads as under:- 73. Before concluding, we pvr 3 wp5059-11 consider it necessary to enter a caveat. In all developed countries, great emphasis has been laid on the planned development of cities and urban areas. The objection of planned development has been achieved by rigorous enforcement of master plans prepared after careful study of complex issues, scientific research and rationalisation of laws. The people of those countries have greatly contributed to the concept of planned development of cities by strictly adhering to the planning laws, the master plan, etc. They respect the laws enacted by the legislature for regulating planned development of the cities and seldom there is a complaint of violation of master plan, etc. in the construction of buildings, residential, institutional or commercial. In contrast, scenario in the developing countries like ours is substantially different. Though, the competent legislatures have, from time to time, enacted laws for ensuring planned development of the pvr 4 wp5059-11 cities and urban areas, enforcement thereof has been extremely poor and the people have violated the master plans, zoning plans and building regulations and bye laws with impunity. 74. In the last four decades, almost all cities, big or small, have seen unplanned growth. In the 21st century, the menace of illegal and unauthorised constructions and encroachments has acquired monstrous proportions and everyone has been paying heavy price for the same. Economically affluent people and those having support of the political and executive apparatus of the State have constructed buildings, commercial complexes, multiplexes, malls, etc. in blatant violation of the municipal and town planning laws, master plans, zonal development plans and even the sanctioned building plans. The most of the cases of illegal or unauthorised constructions, the officers of the municipal and other regulatory bodies turn blind eye pvr 5 wp5059-11 either due to the influence of higher functionaries of the State or other extraneous reasons. Those who construct buildings in violation of the relevant statutory provisions, master plans, etc. and those who directly or indirectly abet such violations are totally unmindful of the grave consequences of their actions and/or omissions on the present as well as future generations of the country which will be forced to live in unplanned cities and urban areas. The people belonging to this class do not realise that the constructions made in violation of the relevant laws, master plan or zonal development plan or sanctioned building plan or the building is used for a purpose other than the one specified in the relevant statute or the master plan, etc. , such constructions put unbearable burden on the public facilities/amenities like water, electricity, sewerage, etc., apart from creating chaos on the roads. The pollution caused due to traffic pvr 6 wp5059-11 congestion affects the health of the road users. The pedestrians and people belonging to weaker sections of the society, who cannot afford the luxury of air conditioned cars, are the worst victims of pollution. They suffer from skin diseases of different types, asthma, allergies and even more dreaded diseases like cancer. It can only be a matter of imagination how much the Government has to spend on the treatment of such persons and also for controlling pollution and adverse impact on the environment due to traffic congestion on the roads and chaotic conditions created due to illegal and unauthorised constructions. This Court has, from time to time, taken cognizance of buildings constructed in violation of municipal and other laws and emphasized that no compromise should be made with the town planning scheme and no relief should be given to the violator of the town planning scheme, etc. on the ground that he has spent substantial amount on pvr 7 wp5059-11 construction of the buildings, etc. - K.Ramadas Shenoy V. Town Municipal Council, Udipi, G.N.Khajuria (Dr.) V.DDA, M.I.Builders(P)Ltd. V. Radhey Shyam Sahu, Friends Colony Development Committee V. State of Orissa, M.C.Mehta V. Union of India and S.N. Chandrashekar V. State of Karnataka. 75. Unfortunately, despite repeated judgments by this Court and the High Courts, the builders and other affluent people engaged in the construction activities, who have, over the years shown scant respect for regulatory mechanism envisaged in the municipal and other similar laws, as also the master plans, zonal development plans, sanctioned plans, etc., have received encouragement and support from the State apparatus. As and when the Courts have passed orders or the officers of local and other bodies have taken action for ensuring rigorous compliance with laws relating to planned development of the cities and urban areas and pvr 8 wp5059-11 issued directions for demolition of the illegal/ unauthorised constructions, those in power have come forward to protect the wrongdoers either by issuing administrative orders or enacting laws for regularisation of illegal and unauthorised constructions in the name of compassion and hardship. Such actions have done irreparable harm to the concept of planned development of the cities and urban areas. It is high time that the executive and political apparatus of the State take serious view of the menace of illegal and unauthorised constructions and stop their support to the lobbies of affluent class of builders and others, else even the rural areas of the country will soon witness similar chaotic conditions. The petition is, therefore, rejected. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.) ---