Allahabad HC restrains State from regularizing illegal constructions under 2020 Compounding Scheme [Read interim order]

The Allahabad High Court recently passed an interim order restraining the State authorities from regularising any illegal construction under the Compounding Scheme, 2020, which was notified in July this year. .The concerned State authority has also been directed to file a personal affidavit justifying the Compounding Scheme, 2020..Justice Ashwani Kumar Mishra passed the interim order while observing that substantial damage was likely to occure to planned development under the Uttar Pradesh Urban Planning and Development Act, 1973 if the compounding scheme was given effect to..The Court was hearing a plea moved by a person accused of having raised constructions without obtaining prior sanction in terms of Sections 14 and 15 of the 1973 Act. This person had sought to avail the 2020 Compounding Scheme, and moved a plea challenging orders to seal his premises (Mohd. Meherban Ansari v. State of UP and ors). .As per the Compounding Scheme of 2020, various constructions otherwise not permissible under the 1973 Act and the building bye-laws were made compoundable. .This case, however, served to direct the Court's attention to whether the Compounding Scheme itself was valid. .Justice Mishra remarked that a prima facie perusal of the scheme shows that it serves to regularise illegal constructions, raised by violating the 1973 Act, through the payment of huge composition fee. .The scheme had been introduced by the State Government on the premise that there were cases where it was not feasible nor practical to demolish illegal constructions. The High Court, however, expressed its disagreement with the State's view on the matter, remarking, ."Merely because large number of persons have invested private capital for raising constructions contrary to the Act cannot be a ground to surrender the interest of planned development for which the Act of 1973 itself has been enacted. The authorities of State cannot frame scheme which is in teeth of express provisions of the Act and goes wholly contrary to the objects enumerated of planned development of urban areas. Substantial public interest is involved in securing planned development of urban areas in accordance with the Act of 1973 which cannot be sacrificed by a statutory scheme which is otherwise not referable to any provision contained in law."."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."Allahabad High Court.The Court further added, "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.".In view of these observations, the State Government has now been directed refrain from compounding any illegal construction pursuant to the compounding scheme..The Court also granted the petitioner interim relief, clarifying that the petitioner's constructions were also not to be demolished till the next date of hearing. However, he was restrained from raising any further construction. .The matter will be next heard on October 20..Read the Order here: