A bench of Justices J B Pardiwala and K V Viswanathan directed authorities to remove illegal commercial buildings, additions made to economically weaker section houses and encroachments occupying mandatory setback areas. The directions were issued in an order dated July 14 and made public this week.
The court said the passage of time could not legalise a building erected in violation of planning rules. Failure by officials to act promptly could also not create rights in favour of owners or occupants.
“What is illegal or what is unauthorised would always remain so,” the bench said, strongly disapproving proposals to compound violations that conflicted with the city’s master plan.
The proceedings arose from a contempt case concerning widespread unauthorised construction in Meerut. Residential properties had been converted into schools, hospitals, maternity centres, diagnostic facilities, banks and other commercial establishments without proper approvals or adequate compliance with safety requirements.
The Uttar Pradesh Awas Evam Vikas Parishad informed the court that 44 identified commercial properties had been sealed under earlier directions. The bench ordered that buildings found to be entirely commercial and unauthorised should now be demolished at the earliest.
Where residential houses had been partly converted for commercial use through illegal additions, officials were told to identify the unauthorised portions and serve owners with 15-day demolition notices. Owners would be allowed to remove the additions themselves.
Authorities must carry out the demolition if occupants fail to comply within the stipulated period. The expenses incurred can be recovered from defaulters as arrears of land revenue.
The court issued an unequivocal direction covering setback violations. Setbacks are open spaces that must be maintained between a building and its boundary under planning and fire-safety regulations. Such spaces provide ventilation, emergency access and separation between neighbouring properties.
“All setback areas of each and every property shall be demolished,” the bench ordered, ruling out regularisation of structures occupying those spaces.
Earlier proceedings had identified setback encroachments at hundreds of properties. In April, authorities were given two months to remove illegal construction from setback areas after first allowing occupants between 10 and 15 days to undertake demolition voluntarily.
The Parishad had sought permission to compound additional floors built without authorisation in houses allotted to economically weaker sections. It relied on provisions contained in the Uttar Pradesh Housing and Development Board Regulations, 1982.
The judges rejected the request after examining the regulatory framework. They held that Regulation 16 did not permit compounding when construction was inconsistent with the master plan.
The bench warned that administrative delay, regulatory failure and lax enforcement could not be used as shields against lawful demolition. It said officials must avoid giving occupants the impression that unauthorised buildings would eventually be protected merely because enforcement had been postponed.
The order also expanded the investigation beyond the 44 sealed properties. The Parishad chairman was directed to conduct a fresh survey of Meerut and identify residential premises being used illegally for commercial activities.
Inspection teams must also examine unauthorised construction on the city’s outskirts, particularly in Uldepur. The court said enforcement should be uniform and must not target only selected properties while leaving comparable violations untouched.
The survey is expected to cover building use, sanctioned plans, additional floors, setback encroachments and compliance with applicable development regulations. A further report must be submitted before the next hearing on September 21.
The court said the Meerut proceedings had become an “eye-opener” for government authorities across the country. It linked unchecked building violations to fire disasters in which occupants, including children, had died because premises lacked safe access, proper exits or regulatory clearance.
Students attending schools operating from unauthorised buildings have been shifted to recognised institutions. Patients admitted to hospitals functioning from illegal premises have also been transferred to other facilities.
The controversy developed after authorities failed to execute earlier demolition orders concerning illegal shops built on residential land in Meerut’s Central Market. The prolonged failure prompted contempt proceedings and scrutiny of senior administrative and housing officials.
