Mumbai: More than four months after the Supreme Court (SC) stipulated the measures to control the menace of illegal constructions and procedures for its demolitions, the Mahayuti government has directed district collectors to scrupulously follow the procedures suggested by the Apex Court with regard to the planning authorities under them – i e the civic and local bodies.

The state government has warned officers of stringent action if they fail to follow the Supreme Court's directions.

The state government order, issued on Wednesday, is significant in view of the embarrassment faced by the civic chiefs of Malvan Municipal Council and Nagpur Municipal Corporation before the SC and the Bombay High Court recently over the demolitions carried out against the ‘illegal constructions’.

The state order refers to two judgments delivered by the Apex Court – one in a writ petition (No. 295/2022) on November 11 last year and a civil appeal (No. 14604/2024 and 14605/2024). While the former deals with the measures to control the construction of illegal structures, the latter deals with the demolition of illegal constructions.

The first directs the civic and local authorities to obtain an undertaking from the builder or the applicant while issuing the building plan that the possession of the building will be given to the owners or the beneficiaries only after obtaining completion or the occupation certificate (OC) from the authorities concerned.

The Supreme Court has asked that the approved plan be displayed during the entire period of construction and called for periodic inspections. The completion certificate or the OC is to be issued only after confirming that the construction is in accordance with the approved plan. For any deviation, the said that the issuance of the OC be deferred.

Unless the OC is issued, no service connections such as the power and water supply, sewerage connection, etc., is to be given by the service provider. The verdict orders immediate action against the builder, owner or occupant and the official responsible for issuance of the wrongful completion or the occupation certificate.

The order also says no permission licence to conduct any business or trade shall be given by any authorities in any unauthorised building, irrespective of whether it is a residential or commercial building..

Banks and financial institutions have been instructed to sanction loans against any building as security only after verifying its completion or issuing an occupation certificate. The SC has warned that violation of any of the directions would lead to the initiation of contempt proceedings in addition to prosecution under the respective laws.

In the second order, the SC had directed that no demolition should be carried out without a prior show cause notice being served to the concerned. The affected parties need to be given time to challenge the demolition order before an appropriate forum.

The SC has made it clear that the directions will not be applicable if an unauthorised structure exists in any public place, river body or water bodies. Significantly, the proceedings of the demolition are to be videotaped with details of the manpower engaged. The SC has warned that violation of any of the directions would lead to the initiation of contempt proceedings in addition to the prosecution.