Unauthorized Construction And Authority Negligence: What The Supreme Court Has Said

Introduction

The rapid urbanization and unprecedented growth in population has increased the need for affordable housing and lodging multifold. The infrastructure sector has grown like no other in our country and so has the problem of unauthorized and illegal construction. While unauthorized construction implies modification/reconstruction/addition of a structure without the necessary permissions from the local authorities, illegal construction involves a serious violation of the local laws and regulations such as the building code, land regulations, issues related to ownership etc. Considering the legal nature of an unauthorized constructions, they are items of property with a restricted right of possession, use and disposal. The restricted possession is reflected in the absence of a title to such ownership, use (prohibition of exploitative use of the unauthorized object), disposal (prohibition of registering the ownership of the unauthorized building) and making