Illegal Structures Cannot Be Permitted To Be Re-Erected Merely Because Of Procedural Violation While Demolishing Them: SC [Read Judgment]
The Supreme Court has observed that illegal structures cannot be permitted to be re-erected merely because there was procedural violation while demolishing it.The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose disapproved a 'regular practice' followed by Bombay High Court in which it allows reconstruction of such structures demolished without following proper procedure. The Supreme Court has observed that illegal structures cannot be permitted to be re-erected merely because there was procedural violation while demolishing it. The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose disapproved a 'regular practice' followed by Bombay High Court in which it allows reconstruction of such structures demolished without following proper procedure. If that be so, even if the demolition was carried out without giving the second notice, why should the party who has violated the law by raising the construction without obtaining permission be permitted to raise another illegal structure which only has to be razed to the ground, after following the procedure prescribed by law?
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