HC restrains UP from compounding illegal constructions

The Allahabad high court has restrained the Uttar Pradesh government and all development authorities in the state from compounding any illegal construction pursuant to the Compounding Scheme-2020 notified by the UP government on July 15 this year.

As per the compounding scheme, various constructions not permissible in the building bye-laws have also been made compoundable.

Hearing a writ petition filed by one Mohd Meherban Ansari and three others on Wednesday,

Justice Ashwani Kumar Mishra also directed additional secretary of the department concerned to file a reply justifying the compounding scheme. The court has fixed October 20 as the next date of hearing.

The court observed, “A prima facie perusal of the Compounding Scheme-2020 would go to show that the illegalities committed by violating the provisions of the UP Urban Planning and Development Act, 1973 (Act of 1973) by raising illegal constructions are sought to be regularized upon payment of huge composition fee. 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.”

The court further said: “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 byelaws. The Compounding Scheme, 2020, otherwise appears to be wholly beyond the scope of the Act of 1973, including Section 32. Section 32 only permits composition of offences and does not permit raising of constructions contrary to the building plan. The compounding of development undertaken contrary to the Act of 1973 is therefore, prima facie, found to be clearly contrary to the aims, objectives and the provisions of the Act of 1973.”

The court directed the state government to communicate this order to all the development authorities in the state for necessary compliance.

Those found misusing relaxations given under Covid-19 unlock guidelines in Varanasi will face action the Goonda Act and their arms licences would also be seized, said district magistrate Kaushal Raj Sharma on Friday.

He said under the Goonda Act, those who had become habitual of breaching peace