SC asks states, HCs to act on illegal constructions
In the first case, arising out of Howrah in West Bengal, the bench dismissed a plea by a construction firm against a Calcutta HC order directing demolition of unauthorised portions of a building.
The Supreme Court has turned the spotlight on unauthorised constructions, urging high courts and state governments to act decisively against the menace that has eroded urban planning, strained civic infrastructure and endangered public safety.
A bench of justices JB Pardiwala and KV Viswanathan, while dealing with two separate matters, underscored that illegal constructions were not merely private disputes but an issue of larger public interest requiring iron hand enforcement of building laws.
In the first case, arising out of Howrah in West Bengal, the bench dismissed a plea by a construction firm against a Calcutta high court order directing demolition of unauthorised portions of a building. Appreciating the “concern shown” by the high court, the bench urged it to widen its lens beyond the individual case.
“We appreciate the concern shown by the High Court in taking appropriate action against such unauthorised constructions all across the city. It is high time that the High Court in larger public interest takes up this issue and ensures that each and every unauthorised construction across the city of Calcutta is dealt with appropriately in accordance with law,” the court stated in its recent order.
The bench noted that the Howrah Zilla Parishad itself had concluded, after inquiry, that the builders had knowingly and deliberately deviated from sanctioned plans, and directed removal of illegal structures.
{{/usCountry}}The bench noted that the Howrah Zilla Parishad itself had concluded, after inquiry, that the builders had knowingly and deliberately deviated from sanctioned plans, and directed removal of illegal structures.
{{/usCountry}}In a second matter, the bench issued notice to the Odisha government, calling for compliance with the landmark directions it had issued in December 2024 laying down nationwide safeguards to tackle unauthorised constructions. These included mandatory undertakings from builders that possession of flats or commercial spaces would be handed over only after obtaining valid completion or occupation certificates; periodic inspections by authorities; denial of electricity, water and sewerage connections to illegal buildings; and departmental action against officials complicit in violations.
{{/usCountry}}In a second matter, the bench issued notice to the Odisha government, calling for compliance with the landmark directions it had issued in December 2024 laying down nationwide safeguards to tackle unauthorised constructions. These included mandatory undertakings from builders that possession of flats or commercial spaces would be handed over only after obtaining valid completion or occupation certificates; periodic inspections by authorities; denial of electricity, water and sewerage connections to illegal buildings; and departmental action against officials complicit in violations.
{{/usCountry}}Acting on a contempt petition argued through senior advocate Shadan Farasat, the bench reminded Odisha that its December 2024 judgment had been categorical in holding that illegal constructions cannot be regularised or condoned. “If the authorities strictly adhere to the directions… they would have a deterrent effect and the quantum of litigation before the courts would come down drastically,” the order reiterated.
{{/usCountry}}Acting on a contempt petition argued through senior advocate Shadan Farasat, the bench reminded Odisha that its December 2024 judgment had been categorical in holding that illegal constructions cannot be regularised or condoned. “If the authorities strictly adhere to the directions… they would have a deterrent effect and the quantum of litigation before the courts would come down drastically,” the order reiterated.
{{/usCountry}}The December 2024 ruling, delivered in a case concerning an illegal structure in Meerut, had laid down sweeping accountability norms not just for builders but also for service providers, licensing authorities, and even banks. It directed that financial institutions should sanction loans against properties only after verifying completion or occupation certificates, while business and trade licences must be denied to any unauthorised construction.
Calling illegal constructions a “social menace,” the court had warned that delays, administrative laxity or attempts at regularisation could not be used to shield violators. “The State is unmindful that this gain is insignificant compared to the long-term damage it causes to orderly urban development and irreversible adverse impact on the environment,” it maintained in its judgment, which was ordered to be circulated to all high courts, chief secretaries of states, and local bodies to ensure its wide implementation.