Even if the authorities had committed any mistake by giving permission for some unauthorised construction at one point, it does not give any right on others to claim similar relief. The Supreme Court said this in a recent judgment asserting any action/order contrary to law does not confer any right upon any person for similar treatment.
Even otherwise, Article 14 is not meant to perpetuate an illegality. It provides for positive equality and not negative equality. Therefore, we are not bound to direct any authority to repeat the wrong action done by it earlier, observed a bench of Justices Arijit Pasayat and D K Jain.
The apex court passed the order while dismissing an appeal filed by M/s Vishal Properties Limited, challenging the notices issued by the Noida Authority on October 27, 2004 and March 31, 2005, to it for demolishing certain unauthorised constructions by the company.
Source : expressindia.com
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