Supreme Court Issues Stern Warning Against Illegal Constructions, Orders Demolition Without Leniency
New Delhi, May 2:
In a landmark ruling underscoring the sanctity of urban development laws, the Supreme Court of India has declared that no leniency will be shown towards illegal and unauthorised constructions, ordering that such structures must be demolished without exception. The apex court stressed that a strict approach is necessary to uphold the rule of law and deter future violations.
The judgement came while dismissing a plea filed by Kaniz Ahmed, who had constructed a two-storey building in Kolkata without obtaining the necessary approvals. Earlier, the Calcutta High Court had rejected Ahmed’s request for regularisation of the illegal structure. Unyielding in its stance, the Supreme Court upheld the High Court’s decision, directing demolition of the unauthorised construction.
“A person who has no regard for the law cannot be permitted to seek regularisation after constructing two floors without authorisation,” the bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan observed. “The unauthorised construction has to be demolished—there is no way out. Justice is to be rendered in accordance with the law.”
The Court took serious note of state-level policies that often promote regularisation of unauthorised constructions through the payment of impact fees. “We are pained to observe that this aspect has not been considered by many state governments while enacting Regularisation of Unauthorised Development Acts,” the bench stated, warning that such policies encourage violations and weaken legal deterrents.
Emphasising that courts must not protect those who flout the law, the Supreme Court said, “If the law were to protect those who endeavour to disregard it, the same would undermine the deterrent effect of laws, which is the cornerstone of a just and orderly society.”
The bench further cited the recent ruling in Rajendra Kumar Barjatya vs. P. Avas Evam Vikas Parishad and Others, reaffirming that construction activity must strictly adhere to sanctioned plans and legal provisions. “Any leniency or mercy shown to the guilty would amount to misplaced sympathy,” the court warned.
The judgment also applauded the Calcutta High Court for acting with courage and conviction in the public interest. “We must adopt a strict approach while dealing with cases of illegal construction and should not readily entertain regularisation of buildings erected without requisite permissions from the competent authority,” the top court concluded.
This ruling is expected to have wide-reaching implications across India, where illegal constructions have long been a chronic urban challenge, often legitimized post-facto through state policies.
