PM-Awas Yojana houses can’t defy existing building law: HC
Kolkata: During the hearing of a case relating to alleged illegal construction, the Calcutta High Court observed that houses made under Pradhan Mantri (PM) Awas Yojana can’t be constructed ignoring the requirement to comply with the existing building law.
The bench of Justice Debangshu Basak and Justice Smita Das De was moved a writ petitioner challenging a single bench order which had turned down his petition alleging illegal constructions against private respondents.
The petitioner had filed an RTI application seeking information about certain plots of lands of Nalhati Mouza (Birbhum). He sought to know whether permission was granted for raising constructions there. He was replied by the Nalhati Municipality that no permission was granted for such constructions. Record of rights allegedly showed there was no conversion of the land where the “illegal construction” was raised. The petitioner alleged that despite submitting representation for demolition of the structures before the chairman and board of councillors, no step was taken.
The division bench observed that the single bench had found the writ petition not maintainable in view of misjoinder of cause of action since the writ petitioner made blanket allegations of unauthorized construction against all the private respondents.
Defence of the private respondents were some of them possessed sanction for the construction and the others claimed such constructions were made under the PM Awas Yojana.
Observing that the validity, legality and sufficiency of such defence is required to be decided by the appropriate authority, the division bench observed: “Construction made under the Pradhan Mantri Awas Yojana ipso facto does not obviate the requirement to comply with the existing building law”.
The court directed that the Board of Councillors of the municipality concerned will decide the issue of unauthorised constructions after giving hearing opportunity to the private parties. Proceedings need to be completed within six weeks.
