Planning authorities and mafia link: Supreme Court keeps in abeyance Gujarat govt notification relaxing building use permissions

By Nandini Chaturvedi

“There is a mafia link between planning authorities and those who suffer are our citizens,” the Bench observed.

The Supreme Court has kept in hold a notice gave by the Gujarat government on July 8 by which structures which don’t have substantial structure use consent or are in break of the equivalent were excluded from the commitment to conform to building control guidelines for a time of 90 days (In Re Proper Treatment of COVID patients and stately treatment of dead bodies). The Bench of Justices DY Chandrachud and MR Shah saw that supporting gross abnormalities in developing structures which don’t have building use or fire authorisations, has brought about infringement of the law to the impairment to general wellbeing as was apparent from the episodes of fire which occurred both in Rajkot and Bharuch.

“The State of Gujarat will find favourable to dynamic ways to guarantee that law and order is noticed. Thus, awaiting additional orders, the authorisation of the notice dated 8 July 2021 will be held in hold by the State of Gujarat,” the Court requested.  The Court said that the warning was ultra vires Section 122 of the Gujarat Town Planning and Urban Development Act 1976.

“At this stage, it gives the idea that hiding of the COVID-19 pandemic, a warning is passed that is totally ultra vires of Section 122,” the Bench commented.  It further held that the notice has no nexus to administrations being made accessible during the pandemic.

The Court was hearing a suo motu case concerning fire misfortunes in COVID-19 medical clinics the nation over in the wake of two such occurrences in Rajkot and Ahmedabad.

The public authority’s July 8 warning allowed structures which don’t have legitimate structure use authorisation or which were in break of building use consent and those which disregarded improvement control guidelines, like difference in use, edges and stature limitations to be absolved from the commitment to follow the structure control guidelines for a time of 90 days from the last date of the appropriateness of the Gujarat Epidemic Diseases Covid-19 Regulations 2020.

However the warning expressed that meanwhile restorative measures will be embraced to follow the Regulations inside a time of 90 days, headings were given to every one of the nearby bodies in the State to take no coercive measures.  “Rather than saving individuals from the pandemic, we are killing individuals by fire! Indeed, even with BU consent, if a two-room place is changed over to an emergency clinic, you should take authorisation,” the Court commented.  Taking note of that the notice had viably suspended the Gujarat Town Planning Act and the Gujarat Comprehensive Development Control Regulations (GDCR), the Court said, “We can’t do everything, except what is in our range, we should. There is a mafia interface between arranging specialists, and the individuals who endure are our residents. It we permit this, it would mean we are acting in intrigue.”

The Court, thusly, expressed in its request that allowing exceptions from following advancement control guidelines which are made in the public interest to advance the wellbeing, security and government assistance of residents would overcome the letter and reason for the enactment. It, consequently, continued to keep the warning in suppression.

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