Law against Illegal Construction

Illegal construction benefits builders and other accomplices. A Delhi High Court committee investigating illegal construction in the capital concluded: “Illegal construction cannot occur without tacit acquiescence. Manufacturer-official link. thrives in our cities by purchasing protection and insurance from law enforcement. The client, architect and owner have a personal interest. Often, the buyer is the most vulnerable. [46] It was also noted that “no law considers violating building standards a criminal offense. Consequently, the establishment of criminal liability on the builder-architect-owner-official link is likely to have a deterrent effect on the construction of unauthorised buildings. [47] Illegal constructions can be divided into several groups. The most marginal of these is any construction that has not been approved by the competent authority, but which otherwise fully complies with the applicable building regulations.

[65] This means that the construction would have been valid and legal if a permit had been obtained and granted. 4. Groundwater Management Department: This department also does not monitor new drilling activities in its area of responsibility. Sometimes they illegally grant permits to builders for irrigation purposes, even if they are aware of illegal construction/development in such an area. You can report past illegal conversions or changes to a retail space. This includes commercial spaces that have been converted for residential or production purposes. These authorities have been given extensive powers to combat illegal construction work in the area under their jurisdiction. But these authorities are not in a position to use these powers effectively. These authorities become a company to sell the land at high prices to an elite person in society.

They did not meet the need of a poor person in a household. Because they did not provide low-cost housing to EWS, LIG or MIG 1 customers; These customers have been caught by the greedy lobby of small time builders. Although the authorities were aware of such illegal constructions in their area, they never stopped, sealed or demolished such illegal constructions. India`s increasing urbanization in recent years has triggered rampant construction activity to meet the needs of the growing populations of these cities. However, not all of these constructions comply with existing laws, which negatively impacts government systems, the environment, the health of people, transportation services and the general well-being of citizens. In extreme cases, illegal construction has resulted in loss of life and property. This document calls for policy corrections, better planning, stricter enforcement of laws and improved technology for governance. Housing availability through zoning and land use zoning should be improved through a diversified TFR cost regulation regime, as a higher TFR reduces the cost per unit. In addition, a sufficient supply of monitored areas is a prerequisite for availability. Zone zoning, which aggravates scarcity, should be avoided.

The first step is to delineate enough land as “housing” in the management plan. [75] Second, land in cities designated as agricultural areas or without development areas (other than natural areas) is not acceptable in the event of a housing shortage. Such zoning could only be promoted from the point of view of development, which moves from the centre to the periphery in order to allow the planned infrastructure to reach areas open to development. Third, the excessive reservation of private land for public purposes, which the ULB/semi-public cannot acquire due to the high cost of land, should be scrupulously avoided[76] as this would eventually freeze the development of these plots and encourage the owner to build illegally. The urban poor are a large group in the cities, supplemented by migrants who come to earn a living. There are people in the city who see a business opportunity and take advantage of the situation resulting from the lack of rental and affordable housing for the urban poor and migrant poor. In order to provide them with some kind of shelter, the “slum lords” secretly promote the establishment of slums or slums to house poor migrants. [64] These are built completely illegally and without permission from the authorities, often on unbuildable or dangerous land, such as near power lines, swamplands, hilltops, or flood-prone areas. These usually violate all zonal regulations. However, the mass of these structures is large and, because of their political importance and humanitarian considerations, States have had to adopt the Slum Law and regularize these structures over a longer period of time. The expansion of these slums is due to the neglect of affordable housing in cities.

Another category includes buildings that have not been approved or comply with building laws and regulations. These could, for example, be constructed in violation of zonal regulations,[68] including location in an ecologically sensitive area such as mangroves or salt marshes. Similarly, industrial construction in a residential area would be prohibited, as would construction on land set aside for another purpose, such as an open public space.

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