SC orders demolition of all illegal constructions across Meerut
New Delhi, July 22 -- The Supreme Court has ordered the demolition of all unauthorised structures, including illegal additions in economically weaker section (EWS) houses and encroachments in setback areas, across Meerut and its outskirts, ruling that illegal constructions cannot be legitimised by the 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 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," a bench of justices JB Pardiwala and KV Viswanathan noted in its July 14 order, released later.
The court's sweeping directions came while monitoring compliance in a contempt case arising out of rampant illegal constructions in Meerut, where residential properties had been converted into schools, hospitals, maternity clinics, diagnostic centres and banks in blatant violation of planning laws.
After examining a fresh compliance report filed by the Uttar Pradesh Awas Evam Vikas Parishad, the bench noted that all 44 identified illegal commercial properties had already been sealed pursuant to its earlier orders. It now directed that wherever these structures were commercial in nature, they "shall be demolished at the earliest." In cases where residential houses had been partly converted for commercial purposes through unauthorised additions, the court directed authorities to identify the offending portions, issue 15-day demolition notices to owners and, upon failure to comply, demolish the structures themselves and recover the demolition costs as arrears of land revenue. The bench also issued one of its strongest directions on setback violations, rejecting every plea for regularisation. "We direct that all setback areas of each and every property shall be demolished," it ordered.
The Parishad had urged the court to permit compounding of unauthorised additional floors constructed in EWS houses, relying on provisions of the Uttar Pradesh Housing and Development Board Regulations, 1982. The bench, however, held that Regulation 16 itself prohibited compounding of constructions inconsistent with the master plan.
"There is no question of compounding...We make it abundantly clear," said the court.
Rejecting the argument that old illegal constructions deserved leniency, the bench said administrative delay could never become a source of legality.
"Mere passage of time or laxity on the part of the authorities in taking timely action will not cure the illegality by itself. 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," said the bench, adding that the very idea of compounding such violations "is strongly deprecated."...
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