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Court Upholds Demolition of Unauthorized Construction in Meerut

Background

In a significant ruling, the Supreme Court of India upheld the High Court's decision to demolish unauthorized commercial constructions on a residential plot in Meerut. The case arose from a writ petition filed by the U.P. Avas Evam Vikas Parishad (Respondent No.1) against Veer Singh (Respondent No.5) and his power of attorney holder, Vinod Arora (Respondent No.6), who had constructed commercial shops on a plot originally designated for residential use.

Arguments

The appellants, who are the owners of the commercial shops, argued that the constructions had been in place for over 24 years and that they had purchased the properties in good faith. They contended that the Respondent No.1 had previously acknowledged the constructions and failed to take timely action against them, thus claiming that the demolition order was arbitrary and violated principles of natural justice.

Conversely, Respondent No.1 maintained that the constructions were illegal from the outset, as they were made without the necessary approvals and in violation of the conditions of the freehold deed. They argued that despite multiple notices issued to Respondent No.5, he continued the illegal construction, necessitating the demolition order.

Court's Analysis and Reasoning

The Supreme Court analyzed the arguments presented by both sides, emphasizing that unauthorized constructions cannot be legitimized by the passage of time or financial investments made by occupants. The court noted that the original allottee had violated the terms of the allotment by converting a residential plot into a commercial one without proper sanction. The court also highlighted the failure of local authorities to enforce the law, which contributed to the situation.

The court reiterated that the legality of unauthorized constructions is not subject to the duration of their existence or the financial implications for the occupants. It emphasized that the law must be upheld to ensure planned urban development and protect public interest.

Decision

The Supreme Court dismissed the appeals filed by the shop owners, affirming the High Court's order for demolition. The court directed the appellants to vacate the premises within three months and mandated the authorities to proceed with the demolition within two weeks thereafter. Additionally , the court ordered appropriate action against officials responsible for the unauthorized constructions, reinforcing the need for accountability in urban planning and enforcement.

This ruling underscores the judiciary's commitment to maintaining the rule of law in property matters and serves as a precedent for handling unauthorized constructions across the country.