Supreme Court orders demolition of unauthorized construction

The Supreme Court of India struck a blow to rampant unauthorized construction flourishing in different parts of the country. This order of the Supreme Court has strengthened the law of the land against un-authorized construction and the complicity of connected officials who facilitated the un-authorized construction. This is a typical example of the blow of an ironsmith in comparison of a 100 of a goldsmith.

The subject matter of this appeal was a long-standing dispute over unauthorized commercial constructions on a residential plot in Shastri Nagar, Meerut, Uttar Pradesh. The appellants challenged the demolition order issued by the High Court of Allahabad and sought relief against the enforcement of demolition on grounds of natural justice, long-term occupation, and the alleged delay and complicity of authorities.

Key Points:

1. Case Background:
   • The plot was originally allotted as residential property in 1986 and subsequently converted to freehold in 2004.
   • Unauthorized commercial construction began without proper approval, violating conditions set in the property deed.
   • Respondent authorities issued several notices between 1990 and 2013 but failed to take enforcement action due to alleged non-cooperation from local authorities and police.
2. High Court Decision:
   • Directed demolition of unauthorized constructions.
   • Ordered criminal and departmental proceedings against responsible officials.
   • Mandated equitable treatment of all unauthorized constructions.
3. Arguments by Appellants:
   • Claimed ownership of commercial shops for over 24 years.
   • Alleged lack of proper notice and natural justice.
   • Raised issues of selective enforcement and negligence by authorities.
4. Supreme Court Findings:
   • The construction was unauthorized and violated land-use regulations.
   • Collusion and negligence by authorities were noted but did not absolve the appellants of liability.
   • Doctrine of estoppel does not protect illegal constructions, even if they are longstanding.
   • Reiterated that unauthorized constructions must be demolished to uphold rule of law.
5. Supreme Court Judgment:
   • Confirmed the High Court’s demolition order.
   • Directed appellants to vacate within three months.
   • Ordered authorities to assist in demolition and take action against erring officials.
   • Issued guidelines to prevent unauthorized constructions in the future.
6. Broader Implications:
   • Unauthorized constructions undermine urban planning, safety, and environmental sustainability.
   • Issued directions for strict compliance with building regulations, penal action against erring officials, and public dissemination of the judgment.

The appeals were dismissed, and the judgment emphasized the need for stringent measures against unauthorized constructions while protecting larger public interest.

Directions of the Supreme Court

Directions of the Supreme Court

1. Demolition Order Confirmation:
   • The Supreme Court upheld the High Court’s order for the demolition of unauthorized constructions.
2. Vacate Premises:
   • Appellants must vacate the premises within three months from the date of judgment.
3. Execution of Demolition:
   • Authorities must demolish the unauthorized construction within two weeks after appellants vacate the premises.
   • Necessary assistance must be provided by all concerned authorities to ensure enforcement.
4. Accountability for Officials:
   • Criminal and departmental actions are to be initiated against officials responsible for the unauthorized construction and for failing to enforce regulations.
5. Refund of Deposited Amount:
   • The amount deposited by the appellants in the case (₹10,00,000) is to be refunded with accrued interest.
6. Guidelines for Future Cases:
   • Unauthorized constructions must be dealt with strictly and demolished to ensure compliance with the law.
   • Regularization of such constructions should be exceptional and limited to specific, justified circumstances.
7. Circulars to High Courts and State Authorities:
   • The judgment is to be circulated to High Courts and State/Union Territory governments.
   • Local authorities and corporations are directed to ensure strict compliance with these guidelines and to prevent future unauthorized constructions.
8. Strengthening Approval and Monitoring Processes:
   • Builders must display approved plans at construction sites.
   • Authorities must conduct regular inspections and withhold completion/occupation certificates for non-compliant constructions.
   • Essential service connections (electricity, water, sewerage) should only be provided to buildings with valid completion certificates.
9. Strict Enforcement and Accountability:
   • Officials failing to comply with statutory obligations or permitting unauthorized constructions are subject to disciplinary action.
   • Appeals regarding non-issuance of certificates or regularization of unauthorized constructions must be resolved within 90 days.
10. Restriction on Business Licenses:
    • Licenses for commercial operations must not be granted in unauthorized buildings.
11. Coordination Among Departments:
    • All departments must promptly cooperate with planning authorities to address unauthorized constructions.
12. Loan Sanctions:
    • Banks and financial institutions must verify completion/occupation certificates before sanctioning loans against properties.
13. Contempt Proceedings:
    • Violation of these directions may lead to contempt proceedings and other legal consequences for officials and parties involved.

These directions aim to ensure strict adherence to urban planning laws, accountability among officials, and prevent recurrence of similar violations.

RAJENDRA KUMAR BARJATYA AND ANOTHER

U.P. AVAS EVAM VIKAS PARISHAD & ORS.

Decided on Dec.17, 2024.