Supreme Court Orders Demolition Of 16,726 Illegal Structures In Meerut; Appoints Justice Dhulia Commission To Probe Illegal Colonies
The Court also directed the authorities to demolish every illegal structure at Meerut's Uldepur and remove the debris on a daily basis.
The Supreme Court has directed Meerut authorities to take prompt steps for the demolition of 16,726 unauthorised structures identified in Zone A and ordered the demolition of remaining illegal constructions in other parts of the city.
A bench of Justice JB Pardiwala and Justice KV Viswanathan directed that occupants of the identified illegal structures first be asked to vacate and that the structures thereafter be sealed and demolished.
“We direct the authorities to proceed at the earliest to take appropriate action against all these 16,726 illegal structures in Zone-A. The first step in the process is to ask the occupants to vacate the premises and to seal all these premises, i.e., the 16,726 illegal structures. We direct accordingly.”, the Court ordered.
Out of 16,726 structures, 12,907 comprise of residential, 874 residential-cum-non-residential, and 2945 non-residential constructions.
The Court also ordered the demolition of 138 properties where unauthorised construction had been raised in mandatory setback areas. Of 201 such properties earlier identified, 63 had already been cleared. The Court directed that the remaining 138 properties, with unauthorised construction in the setback areas, are also to be demolished.
24 out of 44 illegally converted properties were also to be demolished
During the hearing that took place in April this year, the Court was informed there were a total of 859 unauthorized structures, out of which 44 were used for commercial purposes. These 44 illegally converted properties include six schools, six hospitals, four banquet halls, three nationalised banks, and one NBFC.
During the latest hearing, which took place on September 21, the Court was informed that out of 44 illegally converted properties, 20 were demolished, thereby directing the authorities to clear the remaining.
“We direct the authorities to ensure that the remaining 24 properties, out of 44 on which seals have been applied, be demolished accordingly at the earliest.”, the Court ordered.
Court shocked by illegal colonies at Uldepur
The Court was “shocked and disturbed” to learn about hundreds of illegal residential colonies in Uldepur on the outskirts of Meerut.
The Court has appointed former Supreme Court judge Justice Sudhanshu Dhulia as Chairperson of a judicial commission to examine how these colonies came into existence.
The commission will examine, among other things, whether the land belongs to the government or private persons, how transactions took place between landowners and purchasers, and why the Meerut Development Authority allegedly remained silent for more than five years.
It will also examine whether the colonies came up through collusion or connivance of MDA officials and identify the officials responsible.
Pending the commission's inquiry, the Court directed the authorities to demolish every illegal structure at Uldepur and remove the debris on a daily basis.
As part of remuneration payable to Justice Sudhanshu Dhulia and any co-opted member, the State was directe, at the first instance to deposit in the Registry an amount of Rs. 35,00,000/- (Rupees Thirty-Five Lakhs).
Concerned officer to be held responsible if any untoward incident happens
The Court said that since many of the structures are in dilapidated condition, carrying the risk of loss of human lives, it warned actions against the responsible officer for failing to take prompt action for demolition of these structures.
“It is possible that some of these structures may be in a dilapidated condition and may collapse, resulting into casualties. We do not want this to happen at any cost. Therefore, prompt action is necessary. We direct that prompt action be taken insofar as all the four zones are concerned. We make it clear that, God forbid, tomorrow if some untoward incident occurs and innocent lives are lost, the responsible government officer shall be held personally liable for the same.”, the Court said.
Background
The proceedings arise from the Supreme Court's continuing scrutiny of widespread unauthorised construction in Meerut, particularly in the Shastri Nagar scheme area. The Court had earlier directed action against hundreds of properties where residential plots had allegedly been converted for commercial use or where constructions had been raised without sanctioned plans.
The underlying litigation traces back to a dispute concerning an unauthorised commercial construction on a residential plot in Shastri Nagar. The Allahabad High Court had directed demolition and action against responsible officials, after which the matter reached the Supreme Court. The Supreme Court has subsequently been monitoring compliance with the directions concerning illegal constructions.
In April this year, the Supreme Court had ordered demolition of illegal setbacks in 859 properties and made it clear that such violations could not be compounded. It had also expressed concern that schools, hospitals and other commercial establishments were functioning from unauthorised structures.
Notably, a bench led by Justice Ahsanuddin Amanullah is also seized of a matter (Loganathan v. The State of Tamil Nadu & Ors.) concerning the enforcement of building bye-laws and land-use restrictions, in which the Court is examining the issue of premises being used contrary to the purpose for which the land was allotted or the building plan was sanctioned. A few days back, the bench ordered the States to prioritise preventing commercial activities in areas earmarked exclusively for residential use. The Court directed the immediate sealing of the premises found to be used commercially in violation of sanctioned land-use permissions.
Cause Title: LOKESH KUMAR KHURANA VS. RAJENDRA KUMAR BARJATYA, CONMT.PET.(C) No. 877/2025 in C.A. No. 14604/2024, BIMALENDU PRADHAN v. STATE OF ODISHA and connected cases.