The Supreme Court ordered the demolition of all unauthorized constructions, including illegal additions in homes of economically weaker sections and encroachments in setback areas, across Meerut and its suburbs, ruling that illegal constructions cannot be legalized by passage of time or official inaction, while also declaring that courts, as guardians of rights, cannot hesitate to tell people things they do not want to hear.
“No human being is above the law, and no one is below it; we do not ask permission from any human being when we ask him to obey it. Obedience to the law is demanded as a right, not demanded as a favor. We are the guardians of rights, and we have to say things to people that they do not like to hear very often,” the bench of Justices JP Pardiwala and K Viswanathan noted in its July 14 order, which was issued later.
Also Read: HC seeks Haryana action report on illegal constructions in DLF Ph 1 to 5
The court’s sweeping directions came while monitoring compliance in a contempt case arising out of rampant illegal construction in Meerut, where residential properties were converted into schools, hospitals, maternity clinics, diagnostic centers and banks in flagrant violation of planning laws.
After examining the new compliance report submitted by the Uttar Pradesh Awas Evam Vikas Parishad, the court noted that all the 44 identified illegal commercial properties had already been sealed as per its earlier orders. It has now directed that wherever such buildings are commercial in nature, “they should be demolished as soon as possible”.
In cases where residential houses have been partially converted for commercial purposes through unauthorized additions, the court directed the authorities to identify the offending portions, issue 15-day demolition notices to the owners and, in case of non-compliance, demolish the buildings themselves and recover the demolition costs as arrears from land revenue.
The court also issued one of its strongest directives regarding setback violations, rejecting every plea for settlement. We ordered the demolition of all setback areas in every property.
Also Read: Lucknow: Landlords start demolition of Aliganj commercial building after LDA order
The SC rejects a petition to regulate illegal structures
The Parishad had urged the court to allow installation of unauthorized additional floors built in EWS houses, relying on the provisions of the Uttar Pradesh Housing and Development Board Regulations, 1982. However, the bench held that Regulation 16 itself prohibits doubling of constructions that are inconsistent with the master plan. “There is no room for aggravation… We have made the matter quite clear,” the court said.
“The passage of time cannot cure illegitimacy”: SC
The court rejected the argument that illegal old constructions deserved leniency, saying that administrative delay could not become a source of legality.
“Mere passage of time or laxity on the part of authorities in taking timely action will not cure illegality per se. Passage of time can never be a reason for aggravation of illegality or unauthorized construction. What is illegal or what is unauthorized will always remain so,” the bench said, adding that the idea of such violations aggravating “has been strongly denounced.”
The court also expanded the scope of practice to include 44 identified properties. She directed Uttar Pradesh Awas Evam Vikas Parishad chief to conduct a fresh survey across Meerut to identify residential buildings illegally used for commercial activities and specifically investigate unauthorized constructions on the outskirts of the city, especially Oldipur. The bench said the exercise was necessary to ensure there was no selective enforcement.
“There should not be any discrimination with regard to the action taken to demolish all the illegal structures,” the court said while directing the teams to conduct extensive inspections and submit a fresh report.
Read also: Demolition of several unauthorized buildings in Ludhiana
The bench links illegal buildings to recent fire tragedies
Referring to its earlier observation that the case was “eye-catching” not only to Uttar Pradesh but to the entire country, the court linked the rampant illegal construction to the recent fire tragedies that claimed innocent lives.
“Over the past three months, there have been some traumatic losses as innocent children died charred to death due to fire,” she added, directing the authorities to ensure that such incidents never happen again.
The council added: “We once again emphasize to the state and all its authorities that if action is not taken today, it will be too late the next day to proceed in accordance with the law. Do not give the impression to people in general that they will be bailed out or that their illegal constructions will worsen by mere demand… The right action must be taken at the right time, and this is the only way the state will be able to maintain the rule of law.”
The latest order follows the court’s directions in April, when it termed the situation in Meerut as “shocking and extremely worrying” after it was discovered that schools, hospitals and other commercial establishments were operating from illegal residential buildings without approved plans or adequate safety measures. At that point, the court ordered the immediate closure of all 44 identified properties, gave authorities two months to demolish all illegal constructions after issuing notices, and observed that the lawsuit should serve as an “eye-opener” for governments across the country.
According to the compliance report submitted to the court, all 44 properties have since been closed, students transferred from unauthorized schools to recognized institutions, and patients admitted in illegal hospitals transferred to other places. The case is scheduled to be heard on September 21, when the court expects to issue a fresh report on illegal constructions in Meerut and its surrounding areas.
Also Read: SC orders review of illegal buildings in Delhi NCR, warns officers
