In a decisive ruling, the Supreme Court held that unauthorized constructions cannot be legitimized merely because authorities delayed action or remained inactive for years. The judgment, delivered in Rajendra Kumar Barjatya & Anr. vs. U.P. Avas Evam Vikas Parishad & Ors. (Civil Appeal No. 14604/2024) and Rajeev Gupta & Ors. vs. U.P. Avas Evam Vikas Parishad & Ors. (Civil Appeal No. 14605/2024), underscores that inaction or collusion by officials does not create legal rights for violators.
The bench, comprising Justice J.B. Pardiwala and Justice R. Mahadevan, ordered the demolition of illegal commercial constructions in a residential area of Meerut, Uttar Pradesh. The Court held that laws must be enforced strictly and “illegality is incurable.”
Background of the Case
The case pertains to Plot No. 661/6 in Shastri Nagar Yojna No. 7, Meerut, allotted as a residential plot in 1986 to Veer Singh (Respondent No. 5) by the U.P. Avas Evam Vikas Parishad. Despite clear conditions prohibiting commercial use, Singh, along with his power of attorney holder Vinod Arora (Respondent No. 6), constructed commercial shops on the plot without approval.
Though demolition orders were issued in 2011, they were never enforced due to lack of cooperation from local authorities and police, allowing illegal constructions to mushroom over 24 years. The shop owners (appellants) purchased these properties and challenged the demolition order on grounds of delay, vested rights, and violation of natural justice.
Key Legal Issues and Court Observations
The appellants argued that:
1. The constructions existed for 24 years with authorities’ knowledge.
2. The freehold conversion in 2004 implied acceptance of the construction.
3. No notice was directly served on the current shop owners.
The respondents, including the U.P. Avas Evam Vikas Parishad, contended that:
1. The plot was designated for residential use, and illegal commercial structures violated zoning laws.
2. Notices had been issued repeatedly to the original allottee since 1990, but violations continued.
3. Delay in enforcement does not legalize an illegality.
Rejecting the appellants’ plea, the Supreme Court observed:
“Delay or inaction on the part of authorities cannot be used as a shield to defend unauthorized constructions. Illegality, especially one done knowingly, remains incurable.”
The Court noted that the appellants purchased shops in a plot clearly designated for residential purposes and failed to exercise due diligence. Referring to the Doctrine of Caveat Emptor (buyer beware), the bench stated:
“Buyers are bound to verify land usage and legal status before purchasing properties. Failure to do so cannot create legal entitlements.”
The Court criticized the authorities’ failure to act promptly, stating that such delays often embolden violators and lead to rampant misuse of land.
“Collusion between officials and land mafias has derailed urban planning and turned cities into chaotic concrete jungles. Such inaction cannot absolve authorities of their duty.”
The Verdict
The Supreme Court upheld the High Court’s demolition order, stating that illegal constructions cannot be regularized under any circumstances. Key directives include:
1. Demolition: Appellants must vacate the premises within three months, after which the unauthorized structures will be demolished.
2. Accountability: Criminal and departmental action will be initiated against the erring officials.
3. Refund: The ₹10 lakh deposited by the appellants in court will be refunded with interest.
Sweeping Guidelines to Curb Unauthorized Constructions
To prevent such issues in the future, the Court issued comprehensive guidelines:
– Authorities must strictly enforce zoning laws and inspect construction sites regularly.
– Service connections like electricity and water will only be provided upon production of completion certificates.
– Officials complicit in allowing unauthorized construction will face severe penalties.
Case Details:
Case Title: Rajendra Kumar Barjatya & Anr. vs. U.P. Avas Evam Vikas Parishad & Ors.; Rajeev Gupta & Ors. vs. U.P. Avas Evam Vikas Parishad & Ors.
Case Numbers: Civil Appeal No. 14604/2024 & Civil Appeal No. 14605/2024
Bench: Justice J.B. Pardiwala and Justice R. Mahadevan
