The Allahabad High Court, in an order issued on 7th October,2020 has banned the implementation of the Compounding Scheme, 2020. The scheme seeks to allow the regularization of illegal constructions after payment of a fee. Delivering the order, Justice Ashwani Kumar Mishra has directed the UP Government and other development authorities to stop implementing the scheme. While delivering the order, the Court mentioned that government officials must be committed towards barring illegal constructions and not towards encouraging such practices.
According to the Court, the scheme was conceived towards the regularization of illegal constructions, blatantly impinging the provisions of the Urban Planning and Development Act. The Court noted that such schemes would have a debilitating impact on honest people who construct buildings adhering to rules and secure valid permissions for undertaking construction activities. The Court remarked that allowing the implementation of the law will negate both the aims and core objectives of the Urban Planning and Development Act. Noting that Section 32 of the Act accords the right to compound illegal constructions under the law, the Court emphasized that the right cannot be allowed to be taken out of the ambit of the Act. The Court also observed that planned development activities must not be compromised only on the basis that huge amounts of private capital were invested in the construction of illegal buildings.
Further, the court has directed the Additional Chief Secretary of Urban Development to file an affidavit in the matter before 20th October 2020.
Lakshmi Raj C