Concerned over illegal constructions getting regularised in cities, the Supreme Court (SC) ruled that cooperative housing societies couldn’t build floors beyond the sanctioned plan.
The bench also dismissed the plea of Esha Ekta Apartments Co-operative Housing Society Limited in Worli seeking regularisation of the floors constructed in violation of the sanctioned plan.
“In the past five decades, provisions contained in municipal laws for planned development have been violated with impunity in all the cities, and those entrusted with the task of ensuring implementation of the master plan have failed miserably,” said a bench of justice GS Singhvi and justice SJ Mukhopadhaya.
“It is highly regrettable that this is so despite the fact that this court has, keeping in view the imperatives of preserving the ecology and environment of the area and protecting the rights of the citizens, repeatedly cautioned the authorities concerned against arbitrary regularisation of illegal constructions by way of compounding,” the judges added.
The society wanted the SC to regularise the extra floors constructed in violation of the sanctioned plan.
While refusing to oblige the petitioner, the court praised the Brihanmumbai Municipal Corporation for refusing to regularise the illegal construction.