The Supreme Court has directed the U.P. Awas Evam Vikas Parishad to proceed with the demolition of unauthorized commercial structures raised on residential plots in Meerut, holding that illegal constructions cannot be regularised merely because they have existed for a long period.
A Bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan was hearing contempt proceedings arising out of its earlier directions regarding illegal constructions and misuse of residential premises.
Taking note of the compliance affidavit filed by the Chairman of the U.P. Awas Evam Vikas Parishad, the Court recorded that 44 properties identified for illegal commercial activity had already been sealed. It noted that although the plots had originally been sanctioned for residential use, they had gradually been converted into schools, hospitals, maternity clinics, diagnostic centres, banks and other commercial establishments.
Observing that the structures were essentially commercial in nature, the Bench directed that they be demolished at the earliest. Where residential houses had been partly converted for commercial use through unauthorized additions, the authorities were directed to issue a 15-day notice to owners to remove the illegal portions, failing which the authorities would carry out the demolition and recover the costs as arrears of land revenue.
The Court also directed demolition of all unauthorized constructions in setback areas across 128 identified properties, rejecting arguments based on local bye-laws.
Rejecting the Parishad’s plea to permit compounding of unauthorized constructions in economically weaker section (EWS) houses, the Bench held that Regulation 16 of the U.P. Housing and Development Board Regulations, 1982 expressly prohibits compounding where constructions violate the land-use provisions of the Master Plan.
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“There is no question of compounding in the aforesaid view of the matter. We make it abundantly clear.”
The Court further directed the Chairman of the Parishad to undertake a fresh survey across Meerut to identify other instances of illegal commercial use of residential premises, observing that enforcement must be uniform and free from discrimination. It also sought a separate report on alleged unauthorized constructions in Uldepur, on the outskirts of Meerut.
Expressing concern over recent fire tragedies caused by unauthorized buildings, the Bench stressed that timely enforcement was essential to protect human life and uphold the rule of law.
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“Over a period of last three months, there have been some heart-wrenching casualties wherein innocent children young and aged got charred to death because of fire. We want the authorities to ensure that such incidents do not occur, and all steps are taken to protect human life. We once again impress upon the State and all its authorities that if action is not taken today, it will be too late in the day thereafter to proceed in accordance with law. Do not give an impression to the people at large that they will be saved or their illegal constructions will be compounded on mere asking or a mere request. Right action at the right time must be taken, and that is the only way that the State will be able to maintain the Rule of Law.”
The Court held that the mere passage of time cannot legalise or justify compounding an illegal or unauthorised construction, observing that such structures continue to remain unlawful irrespective of how long they have existed.
The Supreme Court has reiterated that the mere passage of time or inaction by authorities cannot legalise an unauthorised construction. It held that an illegal structure remains illegal regardless of how much time has elapsed, and deprecated the practice of compounding such violations solely on account of delay. Emphasising the rule of law, the Court observed that obedience to the law is a matter of right, not favour, and reminded authorities and citizens alike that no one is above the law or below it.
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“Passage of time can never be a ground to compound the illegality or unauthorised construction. What is illegal or what is unauthorised would always remain so…No man is above the law, and no man is below it; nor do we ask any man’s permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. We are guardians of rights, and we have to tell people things they often do not like to hear.”
The Court directed the Parishad to file a fresh status report before the next hearing and asked its Chairman, P. Guruprasad, to remain present through video conferencing. It also noted that no report had been filed by the State of Haryana in the connected contempt petition and sought an exhaustive compliance report before the next date of hearing. The matter has been listed on September 21, 2026.
