Summarize the provided passage regarding unauthorized constructions and interim reliefs.
The provided passage critically examines the widespread issue of unauthorized constructions in urban areas and the significant role that judicial interim reliefs, or stay orders, play in perpetuating them. It highlights that numerous lawsuits are filed against municipal and government bodies to prevent the demolition of these illegal structures. A key concern is that these interim reliefs often continue for years, largely due to the authorities' failure to promptly file written statements, respond to court notices, or actively seek the vacation of these stays.
This prolonged continuation of interim orders, the passage argues, allows individuals to benefit from their illegal actions, thereby undermining the effective implementation of law. This situation erodes public trust in the justice delivery system and fundamentally challenges the Rule of Law. The text emphasizes that such injunctions are discretionary and equitable reliefs, not mandatory entitlements, and should never be granted at the expense of public interest. Unauthorized constructions have a detrimental impact on society as a whole and on the administration of municipal bodies.
To address this systemic problem, the Supreme Court, in the landmark case of Asian Resurfacing of Road Agency v. Central Bureau of Investigation (AIR 2018 SC 2039), strongly condemned the practice of indefinite interim reliefs. The Court mandated that any stay order granted would automatically expire after six months from its date, unless a specific 'speaking order' is issued by the court, providing exceptional reasons for its extension. If no such extension is granted, the trial court is obligated to proceed with the case without delay.
The passage further reiterates the Apex Court's consistent stance that there should be no compromise with town planning schemes. Courts are urged not to grant relief to violators of these schemes, even if they claim to have invested substantial amounts in illegal constructions. Allowing such violators to obtain ad interim injunctions that perpetuate their illegal activities is viewed as an infringement of the fundamental right to life enshrined in Article 21 of the Constitution of India.
Finally, the text advises courts to meticulously scrutinize the entertainability of such suits at the initial stage, based on the averments in the plaint. While public authorities must adhere to established legal procedures, the passage cautions against allowing minor procedural lapses, whether intentional or unintentional, to be exploited to grant ad interim orders that protect existing illegalities and enable their continuation indefinitely. The overarching message is a call for judicial vigilance and a firm commitment to upholding the rule of law in matters of urban planning and construction.