Regularization of illegal construction is not a matter of right and is only permissible as a rare exception for minor, bona fide deviations. Courts may order demolition of patently illegal constructions that violate planning laws, especially when the violator fails to establish even a prima facie case for legality.

I.A. Nos.430, 1209, 1221, 1223, 1224, 1225, 1226, 1292, 1302, 1309, 1310, 1311, 1312, 1313, 1314 & 1315/2026

1. Heard learned counsel for the parties.

2. These interlocutory applications seek modification of the coordinate Bench’s order dated 14th January, 2026, on various grounds. Accordingly, they are heard and disposed of by this common order.

3. By the order dated 14th January, 2026, the co-ordinate Bench recorded the statement of Mr Krishna Kumar, the learned counsel for the Jamshedpur Notified Area Committee (JNAC-respondent no.4), that the structures put up by the private respondents, now impleaded as parties in this petition, being illegal, will be demolished within a month from today. This statement was accepted as an undertaking on behalf of the 4th respondent, and

the 4th respondent was directed to act consistent with its undertaking, so accepted by this Court.

4. The order of 14th January, 2026, records that this PIL relates to rampant illegal constructions at Jamshedpur within the jurisdiction of JNAC. It also records that this Court had appointed a committee of three advocates, which has submitted a report clearly setting out how the constructions put up by the private respondents are in defiance of the law. The order also records the submission of Mr Srivastava, the learned counsel for the petitioner, that none of the structures has a completion certificate, which is a mandatory requirement.

5. The Committee’s report also found that the deviations and illegal construction of buildings exceeded the sanctioned limits. The Committee found that non-compliance with the bye-laws, coupled with the absence of effective monitoring by the relevant officials, was the main reason for the rampant illegal construction mushrooming in Jamshedpur within the jurisdiction of the JNAC.

6. This Court noted that tolerating such rampant illegal constructions in defiance of the law and lawful regulations amounts to the victimisation of honest and law-abiding persons, who have put up their constructions after complying with all the legal requirements and are still overshadowed and hassled by the mushrooming of such illegal constructions. This Court also noted that such a level of illegal constructions is not possible unless the authorities connived with those who dare to put up such

constructions or, on account of gross inaction and dereliction of duty, by the authorities, who failed to act.

7. When the order of 14th January, 2026, was made, some counsel appeared on behalf of the intervenors, but at that stage they were unable to make any submission regarding the number of intervenors or to describe who the intervenors were.

8. In all these interlocutory applications, one of the main grounds urged that demolitions should not have been ordered or the statement of JNAC that it would carry out demolitions should not have been accepted as an undertaking to this Court because this would result in violation of the Hon’ble Supreme Court’s order in "Directions in Matter of Demolition of Structures, In Re." reported in (2025) 5 SCC 1.

9. Learned counsel on behalf of the applicants submitted that there was a serious issue as to the constitution and the legal functioning of the JNAC. They referred to an order of the learned Single Judge in which a doubt was cast on the authority of JNAC to govern the area in which the applicants’ constructions have been put up. Learned counsel argued that deviations within the permissible limits