Court Rejects Pleas for Regularisation, Upholds Rule of Law Against Rampant Violations
In a significant ruling, the Jharkhand High Court has ordered the demolition of illegal constructions within the jurisdiction of the Jamshedpur Notified Area Committee (JNAC), rejecting pleas for regularisation without evidence of legality. The decision, pronounced by Chief Justice M. S. Sonak and Justice Rajesh Shankar, follows a detailed committee report highlighting widespread violations of municipal by-laws.
The Public Interest Litigation (PIL), filed by petitioner Rakesh Kumar Jha, brought to light the rampant illegal constructions overshadowing law-abiding citizens in Jamshedpur. The court emphasized that tolerating such violations undermines the rule of law and victimizes honest citizens. Despite arguments from applicants seeking modification of a previous order dated January 14, 2026, the court found no merit in claims for regularisation.
Applicants contended that demolition orders violated Supreme Court directives and argued procedural irregularities by JNAC. However, the court noted the absence of completion certificates and any prima facie evidence supporting the legality of the constructions. The report by a committee of three advocates appointed by the court substantiated the blatant disregard for municipal regulations.
The court reaffirmed that regularisation of illegal constructions is an exception, not a rule, and highlighted precedents from the Supreme Court advocating strict action against such violations to preserve planned development and public welfare. The judgment underscores the need for municipal authorities to prevent the mushrooming of illegal constructions and take stern action against violators.
The High Court's decision dismisses interim applications seeking to halt demolitions and mandates compliance with municipal laws. It reiterates the importance of adhering to the rule of law and cautions against indiscriminate regularisation, which discriminates against citizens who comply with legal requirements.
This ruling sets a precedent for future cases involving illegal constructions and reinforces the judiciary's role in upholding legal standards and ensuring justice for law-abiding citizens.
Bottom Line:
Illegal constructions in violation of municipal laws and regulations cannot be regularised as a matter of right, and strict action, including demolitions, is warranted to uphold the rule of law and prevent the victimisation of law-abiding citizens.
Statutory provision(s): Jharkhand High Court rules, Municipal laws, Building regulations, Supreme Court judgments on illegal constructions
Rakesh Kumar Jha v. State of Jharkhand, (Jharkhand)(DB) : Law Finder Doc id # 2846346
