Supreme Court orders demolition of all illegal structures across Meerut

The Supreme Court has directed authorities to demolish every illegal construction across Meerut and its surrounding areas, including unauthorised additions in economically weaker section (EWS) houses and encroachments in setback areas. The court made it clear that illegal constructions cannot become legal with the passage of time or due to inaction by government authorities. It also stressed that courts have a duty to uphold the law, even if their decisions are not popular.

A bench of Justices JB Pardiwala and KV Viswanathan passed the order on July 14. The order became public later. The court observed, “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 favour. We are guardians of rights, and we have to tell people things they often do not like to hear.”

The directions came during the hearing of a contempt case related to widespread illegal construction in Meerut. The court had earlier found that many residential buildings had been converted into schools, hospitals, maternity clinics, diagnostic centres and banks in clear violation of planning rules.

The bench examined a fresh compliance report submitted by the Uttar Pradesh Awas Evam Vikas Parishad. The report confirmed that authorities had already sealed all 44 identified illegal commercial properties as directed earlier. The Supreme Court has now instructed officials to demolish these commercial structures at the earliest.

The court also addressed cases where homeowners had converted parts of their residential buildings into commercial spaces through unauthorised construction. It directed the authorities to identify the illegal portions of such buildings and issue demolition notices, giving owners 15 days to remove the structures. If the owners fail to act within the given time, the authorities will carry out the demolition themselves. They will also recover the demolition expenses from the owners as arrears of land revenue.

The bench issued a strict order on setback violations. It refused every request seeking regularisation of these illegal constructions. The court stated, “We direct that all setback areas of each and every property shall be demolished.”

The Uttar Pradesh Awas Evam Vikas Parishad had requested permission to compound unauthorised additional floors built in EWS houses. It relied on provisions under the Uttar Pradesh Housing and Development Board Regulations, 1982. The Supreme Court rejected the request. It noted that Regulation 16 itself does not allow compounding of constructions that violate the master plan. The bench said, “There is no question of compounding...We make it abundantly clear.”

The court also rejected the argument that old illegal constructions deserved relief due to the delay in official action. It ruled that administrative delay cannot make an illegal structure valid.

The bench observed, “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.” It further added that the very idea of compounding such violations “is strongly deprecated.”

The Supreme Court expanded the scope of the exercise beyond the original 44 properties. It directed the chairman of the Uttar Pradesh Awas Evam Vikas Parishad to conduct a fresh survey across Meerut. The survey will identify residential buildings that are illegally being used for commercial purposes. The court also asked officials to inspect unauthorised constructions in the outskirts of the city, especially in Uldepur. The bench said this exercise would ensure equal enforcement of the law across all areas.

The court stated, “There should not be any discrimination insofar as the action which has been taken to demolish all illegal buildings.” It directed inspection teams to carry out extensive surveys and submit a fresh report.

The bench recalled its earlier observation that the Meerut case should serve as “an eye-opener” not only for Uttar Pradesh but also for the entire country. It linked illegal constructions to recent fire tragedies that claimed innocent lives. The court said, “Over a period of last three months, there have been some heart-wrenching casualties wherein innocent children...got charred to death because of fire,” and directed authorities to ensure that such incidents do not happen again.

The court also issued a strong warning to the state government and its officials. It observed, “We once again impress upon the state and all its authorities that if action is not taken today, it will be too late in the day thereafter to proceed in accordance with law. Do not give an impression to the people at large that they will be saved or their illegal constructions will be compounded on mere asking... Right action at the right time must be taken, and that is the only way that the state will be able to maintain the Rule of Law.”

The latest order follows the Supreme Court's directions issued in April. At that time, the bench described the situation in Meerut as “shocking and highly disturbing.” It found that several schools, hospitals and other commercial establishments were operating from residential buildings without approved building plans or proper safety measures. The court had then ordered the immediate sealing of all 44 identified properties. It also directed authorities to demolish illegal setback constructions within two months after issuing notices.

According to the latest compliance report, authorities have sealed all 44 properties. Officials have shifted students from unauthorised schools to recognised institutions. They have also relocated patients admitted to illegal hospitals. The Supreme Court will hear the matter again on September 21. It has asked the authorities to submit a fresh report on illegal constructions across Meerut and nearby areas.