'Unauthorised Construction Has To Be Demolished; Judicial Regularisation Impermissible' : Supreme Court

Reaffirming its zero-tolerance stance on illegal and unauthorized construction, the Supreme Court dismissed a petition seeking the regularization of an unlawful building in Kolkata, emphasizing that no leniency should be shown towards such violations and that the structure must be demolished.

The Court noted that illegal structures must face demolition without exception, closing all avenues for regularization after the fact.

“The law ought not to come to rescue of those who flout its rigours as allowing the same might result in flourishing the culture of impunity. Put otherwise, if the law were to protect the ones who endeavour to disregard it, the same would lead to undermine the deterrent effect of laws, which is the cornerstone of a just and orderly society”, the Court observed.

Holding thus, the bench comprising Justice JB Pardiwala and Justice R Mahadevan affirmed the Calcutta High Court's ruling, which had refused to allow regularization of the unauthorized construction and ordered demolition.

The counsel appearing for the petitioner submitted that her client be given one chance to pray for the regularisation of the unauthorised construction.

Finding no merit in such submission, the Court observed:

“A person who has no regards for the law cannot be permitted to pray for regularisation after putting up unauthorised construction of two floors. This has something to do with the rule of law. Unauthorised construction has to be demolished. There is no way out. Judicial discretion would be guided by expediency. Courts are not free from statutory fetters. Justice is to be rendered in accordance with law. We are at pains to observe that the aforesaid aspect has not been kept in mind by many State Governments while enacting Regularisation of Unauthorized Development Act based on payment of impact fees.”

“Thus, the Courts must adopt a strict approach while dealing with cases of illegal construction and should not readily engage themselves in judicial regularisation of buildings erected without requisite permissions of the competent authority. The need for maintaining such a firm stance emanates not only from inviolable duty cast upon the Courts to uphold the rule of law, rather such judicial restraint gains more force in order to facilitate the well-being of all concerned.”, the court added.

The bench cited its judgment of Rajendra Kumar Barjatya and Another v. U.P. Avas Evam Vikas Parishad and Others where it held that each and every construction must be made scrupulously following and strictly adhering to the rules and regulations. In the event of any violation, being brought to the notice of the courts, the same should be dealt with iron hands, and any leniency or mercy shown to the person guilty of unauthorised construction would amount to showing misplaced sympathy.

Accordingly, the appeal was dismissed.

Case Title: KANIZ AHMED VERSUS SABUDDIN & ORS.

Citation : 2025 LiveLaw (SC) 514

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