On Thursday, the Supreme Court declined to interfere with an order directing the demolition of an unauthorized structure, firmly rejecting the argument that the violation was merely “compoundable,” and warning that accepting such pleas would legitimize rampant illegal construction across the country.
The dispute arose from a civil suit alleging that a property owner had raised a room and extended a roof without mandatory approval from the Cantonment Board, encroaching upon open space adjoining a neighbouring dwelling unit. While the trial court dismissed the suit on jurisdictional grounds, the Telangana High Court found that the construction had been undertaken without any sanctioned permission and ordered its removal within a fixed time. Challenging this, the aggrieved party approached the Apex Court, contending that only one structure was unauthorized and that even this violation was compoundable under applicable rules.
A vacation bench led by Chief Justice of India Surya Kant was unconvinced. The Court questioned how post-facto compounding could excuse deliberate illegality, cautioning against the systemic consequences of such an approach. Strongly disapproving the argument, the CJI observed that accepting it would effectively give a free pass to lawbreakers, remarking, “first you raise unauthorized construction, then you say it’s compoundable! Why should the Court help a person who is hoodwinking the law?” .
Emphasising the need for deterrence and civic discipline, the bench dismissed the plea, leaving intact the High Court’s direction for removal of the illegal construction.
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