State of Assam
(supra), this Court refused to order regularisation of the illegal
construction raised by the appellant and observed:
“It is a matter ... bound to pass appropriate order on the
application filed for regularisation of such construction. Learned counsel
submitted that even though Rule
commencement of this Act, apply to the State
Government for regularisation of such construction in
accordance with the provisions of this Section.
(2) There shall ... after payment of the amount by the
applicant towards regularisation of such construction, order for
regularisation of the construction.
4. Validation:- Notwithstanding anything contained
without
obtaining the commencement certificate(s). SRUIL may apply for
regularisation of the construction made of the PPL above the plinth and
the construction ... further construction beyond plinth is
incorrect, and that there was no deemed commencement permission for
construction above the plinth. The Commissioner has directed
regularisation
builder against the non-
issuance of completion certificate or for regularisation
of unauthorised construction or rectification of
deviation etc., the same shall be disposed ... that
her client be given one chance to pray for regularisation of the
unauthorised construction. We do not find any merit in such submission
regularisation of their proposed
scheme as per G.Os. issued by the State Government, also for providing
relief to the societies that had no construction ... acquiesced with
such construction and has also taken steps for regularisation of
such construction and the decision which was taken
that this Court has frowned upon the
practice of regularisation of unauthorised construction where
environment issues are involved.
Page 18 of 39
Stand ... which
is dated 11.7.1995, for the purpose of regularisation of the
construction in question. The Goa State Coastal Committee for
Environment, the then competent body
official duties. The fact that an application was filed seeking
regularisation of the construction put up by the first respondent
would indicate that even according ... there
was a digression and other irregularities in the construction put
up which required regularisation. However, the contention of
learned counsel for the first respondent
regularisation of their proposed
scheme as per G.Os. issued by the State Government, also for providing
relief to the societies that had no construction ... acquiesced with
such construction and has also taken steps for regularisation of
such construction and the decision which was taken
construction coming
to this Court. While directing demolition of unauthorised construction, the court
should also direct an enquiry as to how the unauthorised construction came ... citizens,
repeatedly cautioned the authorities concerned against arbitrary regularisation
of illegal construction by way of compounding and otherwise.”
“8. At the outset, we would like
Appeal @SLP (Crl.) No (s). 1694 of 2024
unauthorised construction, and once the
regularisation is permitted on payment of the
compounding charges, the criminality ... fraudulent
criminal actions by seeking an order for the
regularisation of the patently illegal construction.
15. From the above-stated sequence of events
