- (1.) Leave granted.
(2.) In last four decades, the menace of illegal and unauthorised constructions of buildings and other structures in different parts of the country has acquired monstrous proportion. This Court has repeatedly emphasized the importance of planned development of the cities and either approved the orders passed by the High Court or itself gave directions for demolition of illegal constructions - (1) K. Ramadas Shenoy v. Chief Officers, Town Municipal Council, 1974 2 SCC 506; (2) Virender Gaur v. State of Haryana, 1995 2 SCC 577; (3) Pleasant Stay Hotel v. Palani Hills Conservation Council, 1995 6 SCC 127; (4) Cantonment Board, Jabalpur v. S. N. Awasthi, 1995 Supp4 SCC 595; (5) Pratibha Coop. Housing Society Ltd. v. State of Maharashtra, 1991 3 SCC 341; (6) G. N. Khajuria (Dr) v. Delhi Development Authority, 1995 5 SCC 762; (7) Manju Bhatia v. New Delhi Municipal Council, 1997 6 SCC 370; (8) M. I. Builders Pvt. Ltd. v. Radhey Shyam Sahu, 1999 6 SCC 464; (9) Friends Colony Development Committee v. State of Orissa, 2004 8 SCC 733; (10) Shanti Sports Club v. Union of India, 2009 15 SCC 705 and (11) Priyanka Estates International Pvt. Ltd. v. State of Assam, 2010 2 SCC 27.
(3.) In K. Ramadas Shenoy v. Chief Officers, Town Municipal Council , the resolution passed by the Municipal Committee authorising construction of a cinema theatre was challenged on the ground that the site was earmarked for the construction of Kalyan Mantap-cum-Lecture Hall and the same could not have been used for any other purpose. The High Court held that the cinema theatre could not be constructed at the disputed site but declined to quash the resolution of the Municipal Committee on the ground that the theatre owner had spent huge amount. While setting aside the High Court's order, this Court observed: "An illegal construction of a cinema building materially affects the right to or enjoyment of the property by persons residing in the residential area. The Municipal Authorities owe a duty and obligation under the statute to see that the residential area is not spoilt by unauthorised construction. The Scheme is for the benefit of the residents of the locality. The Municipality acts in aid of the Scheme. The rights of the residents in the area are invaded by an illegal construction of a cinema building. It has to be remembered that a scheme in a residential area means planned orderliness in accordance with the requirements of the residents. If the scheme is nullified by arbitrary acts in excess and derogation of the powers of the Municipality the courts will quash orders passed by Municipalities in such cases. The Court enforces the performance of statutory duty by public bodies as obligation to rate payers who have a legal right to demand compliance by a local authority with its duty to observe statutory rights alone. The Scheme here is for the benefit of the public. There is special interest in the performance of the duty. All the residents in the area have their personal interest in the performance of the duty. The special and substantial interest of the residents in the area is injured by the illegal construction. " ;