SHIW KUMAR JILOKA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is one of the few recorded cases where the development authority of the District (in the present case Bhagalpur) has frankly admitted that the set backs have been violated. Paragraph 8 of the affidavit filed on 17.11.2003 admits it.

(2.) VIOLATION of a set back is an illegality which is incurable. It cannot be compounded. This is the law. The Supreme Court has settled this.

(3.) THIS Court is of the opinion that now the time has come that in the face of proven illegalities which affect environment and ecology, illegal constructions destroy the habitat against the norms of the Constitution of India, which calls for (a) spatial planning, (b) integrated development and (c) infrastructure which conforms with environmental conservation. The last three are Constitutional obligations. Any authority, any State, any Municipal Government which violates this is clearly violating the Constitution. The message of the Constitution is clear that offending structures which violate conforming uses have to be demolished and wiped out. There is no other alternative. The law does not permit compounding.