The Supreme Court of India, in the case of Rajendra Kumar Barjatya & Another vs. U.P Avas Evam Vikas Parishad & Others, delivered a landmark judgment on 17 December 2024. The judgment addresses the issue of unauthorized commercial constructions on residential plots and prescribes strict guidelines to ensure compliance with building norms.
Key Directions Issued by the Supreme Court
1. Undertaking for Possession After Completion/Occupation Certificate (CC/OC):
Builders or applicants must provide an undertaking while seeking building permission that possession of the property will only be handed over to buyers after obtaining CC/OC.
2. Display of Approved Plans at Construction Sites:
Builders must display approved building plans prominently at construction sites throughout the construction period. Authorities must inspect these sites periodically and maintain records of inspections.
3. Timely Issuance of CC/OC:
Authorities are required to personally inspect completed buildings to ensure compliance with approved plans. CC/OC must be issued promptly if no deviations are found. However, in cases of deviation, issuance should be deferred until corrections are made.
4. Service Connections Only After CC/OC:
Essential services like electricity, water supply, and sewerage connections must only be provided after obtaining a valid CC/OC.
5. Action on Post-CC/OC Deviations:
If deviations occur after obtaining CC/OC, authorities must take immediate legal action against builders, owners, or occupants. Officials responsible for issuing wrongful CC/OC will face departmental proceedings.
6. Ban on Business Licenses for Unauthorized Buildings:
Authorities are prohibited from granting business or trade licenses for unauthorized constructions, whether residential or commercial.
7. Compliance with Zonal Plans:
Developments must adhere to zonal plans. Any modifications must strictly follow established rules and consider public and environmental interests.
8. Swift Resolution of Appeals:
Applications, appeals, or revisions related to non-issuance of CC/OC or regularization must be resolved within 90 days.
9. Mandatory Verification for Loans:
Banks and financial institutions must sanction loans only after verifying the CC/OC.
10. Accountability and Enforcement:
State and UT governments are directed to issue circulars ensuring adherence to these directives. Violations will attract contempt proceedings and departmental action.
Impact of the Judgment
The judgment aims to curb unauthorized constructions and enforce stricter compliance with building norms. By holding builders, authorities, and financial institutions accountable, it provides robust safeguards for property buyers and ensures orderly urban development.
