The predicament faced by the persons who deal with builders and promoters, was
noticed by this Court in Friends Colony Development Committee vs. State of Orissa
[2004 (8) SCC 733] in a different context while dealing with town planning laws:
"Builders violate with impunity the sanctioned building plans and indulge
deviations much to the prejudice of the planned development of the city and at the
peril of the occupants of the premises constructed or of the inhabitants of the city
at large. Serious threat is posed to ecology and environment and, at the same time,
the infrastructure consisting of water supply, sewerage and traffic movement
facilities suffer unbearable burden and are often thrown out of gear. Unwary
purchasers in search of roof over their heads and purchasing flats/apartments from
builders, find themselves having fallen prey and become victims to the design of
unscrupulous builders. The builder conveniently walks away having pocketed the
money leaving behind the unfortunate occupants to face the music in the event of
unauthorized constructions being detected or exposed and threatened with
demolition. Though the local authorities have the staff consisting of engineers and
inspectors whose duty is to keep a watch on building 18 activities and to promptly
stop the illegal constructions or deviations coming up, they often fail in
discharging their duty. Either they don't act or do not act promptly or do connive
at such activities apparently for illegitimate considerations. If such activities are to
stop, some stringent actions are required to be taken by ruthlessly demolishing the
illegal constructions and non-compoundable deviations. The unwary purchasers
who shall be the sufferers must be adequately compensated by the builder. The
arms of the law must stretch to catch hold of such unscrupulous builders. At the
same time in order to secure vigilant performance of duties, responsibility should
be fixed on the officials whose duty was to prevent unauthorized construction, but
who failed in doing so either by negligence or connivance." [Emphasis supplied]
