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7. The menace of illegal and unauthorized construction coupled with the encroachments was judicially noticed by the Hon'ble Supreme Court in a decision in Dipak Kumar Mukherjee versus Kolkata Municipal Corporation and others (2013) 5 SCC 336 in the following terms:-

"2. In the last four decades, the menace of illegal and unauthorized constructions of buildings and other structures in different parts of the country has acquired monstrous proportion. This Court has repeatedly emphasized the importance of planned development of the cities and either approved the orders passed by the High Court or itself gave directions for demolition of illegal constructions as in K.Ramadas Shenoy v. Town Municipal Council, Udipi (1974) 2 SCC 506, Virender Gaur v. State of Haryana (1995) 2 SCC 577, Pleasant Stay Holtel v. Palani Hills Conservation Council (1995) 6 SCC 127, Cantonment Board, Jabalpur v. S.N.Awasthi 1995 Supp (4) SCC 595, Pratibha Coop Housing Society Ltd. v. State of Maharashtra (1991) 3 SCC 341, G.N. Khajuria v. DDA (1995) 5 SCC 762, Manju Bhatia v.
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NDMC (1997) 6 SCC 370 M.I. Builders (P) Ltd. v. Radhey Shyam Sahu (1999) 6 SCC 464, Friends Colony Development Committee v. State of Orissa (2004) 8 SCC 733, Shanti Sports Club v. Union of India (2009) 15 SCC 705 and Priyanka Estates International (P) Ltd. v. State of Assam (2010) 2 SCC 27."

"8. What needs to be emphasized is that illegal and unauthorized constructions of buildings and other structures not only violate the municipal laws and the concept of planned development of the particular area but also affect various fundamental and constitutional rights of other persons. The common man feels cheated when he finds that those making illegal and unauthorized constructions are supported by the people entrusted with the duty of preparing and executing master plan/development plan/zonal plan. The reports of demolition of hutments and jhuggi jhopris belonging to the poor and disadvantaged section of the society frequently appear in the print media but one seldom gets to read about demolition of illegally/unauthorizedly constructed multi-storeyed structures raised by economically affluent people. The failure of the State apparatus to take prompt action to demolish such illegal constructions has convinced the citizens that planning laws are enforced only against poor and all compromises are made by the State machinery when it is required to deal with those who have money power or unholy nexus with the power corridors."

No amount of vigil can stop encroachments and unauthorised occupation of public land by unscrupulous elements, who act like vultures to grab such land, raise illegal constructions and, at times, succeeded in manipulating the State apparatus for get ting their occupation/possession and construction regularized. It is our considered view that where an encroacher, illegal occupant or land grabber of public property raises a plea that he has perfected title by adverse possession, the Court is duty bound to act with greater seriousness, care and circumspection. Any laxity in this regard may result in destruction of right/title of the State to immovable property and give upper hand to the encroachers, unauthorised occupants or land grabbers.
therefrom develop a welfare fund which can be utilised for compensating and rehabilitating such innocent or unwary buyers who are displaced on account of demolition of illegal constructions."

165. In Priyanka Estates International (P) Ltd. v. State of Assam (2010) 2 SCC 27, Justice Deepak Verma, speaking for a two judge Bench, observed:

rand "55. It is a matter of common knowledge that illegal unauthorised constructions beyond sanctioned plans are on rise, may be due to paucity the of land in big cities. Such activities are required to be dealt with by firm hands otherwise builders/colonisers would continue to build or construct beyond the sanctioned and approved plans and would still go scot-free. Ultimately, it is the flat owners who fall prey to such activities as the ultimate desire of a common man is to have a shelter of his own. Such unlawful constructions are definitely against the public interest and hazardous to the safety of occupiers and residents of multistoreyed buildings. To some extent both parties can be said to be equally responsible for this. Still the greater loss would be of those flat owners whose flats are to be demolished as compared to the builder."