This Supreme Court judgment deals with unauthorized commercial construction on a residential plot in Meerut, Uttar Pradesh, and highlights the necessity for planned urban development and adherence to statutory rules. The Court upheld the High Court's order directing demolition of the unauthorized construction and mandated criminal and departmental actions against the responsible parties.

Acts and Sections Discussed:

• U.P. Avas Evam Vikas Parishad Adhiniyam, 1965

  • Section 83: Powers of the authority to demolish unauthorized constructions.
  • Sections 92-94: Provisions regarding regulation of activities and control over the authority.

• Transfer of Property Act, 1882

  • Section 55(1)(a): Duty of the seller to disclose defects in the property to the buyer.

• General Principles of Natural Justice

Ratio Decidendi:

1. Unauthorized construction in violation of statutory regulations cannot be legalized, regardless of the passage of time or investment made by violators.
2. Delay or inaction by authorities does not grant a right to violators or estop action against illegal constructions.
3. Buyers must exercise due diligence (caveat emptor) before purchasing properties to ensure compliance with zoning and statutory requirements.

4. Background (Paras 2-5)
   The case originates from the unauthorized commercial construction on residential Plot No. 661/6 in Shastri Nagar, Meerut. The U.P. Avas Evam Vikas Parishad (Housing Board) issued demolition orders for the illegal constructions, which were upheld by the High Court.

5. Contentions by Appellants (Paras 6-6.1)

   • Appellants (shop owners) argued the construction existed for 24 years and was converted from leasehold to freehold.
   • Claimed violation of natural justice as no notice was served upon them.

6. Response by Respondents (Paras 7-8)

   • The housing board argued that the original allottee (Respondent No. 5) constructed shops in violation of residential zoning.
   • Notices were issued since 1990, and appellants purchased the shops knowing the illegality.

7. Principles of Unauthorized Construction (Paras 9-15)

   • The Court emphasized that unauthorized constructions violate public interest and cannot be legitimized based on time lapse or administrative inaction.

8. Doctrine of Caveat Emptor and Buyer Responsibility (Para 16.2)
   Buyers should verify the title and zoning compliance before purchasing properties. Lack of diligence does not protect them from legal consequences.

9. Judicial Precedents (Paras 19-21)
   References to landmark cases, such as K. Ramadas Shenoy v. Chief Officer, Town Municipal Council, were cited to reiterate that unauthorized constructions must be dealt with stringently.

10. Directions Issued (Paras 22-23)

    • Appellants were given three months to vacate the premises.
    • Authorities were ordered to demolish the illegal construction within two weeks after eviction.
    • Criminal and departmental action against erring officials was directed.

11. General Guidelines on Unauthorized Construction (Paras 20-22)

    • Comprehensive guidelines to curb unauthorized constructions were laid down for local authorities and governments.

Subjects:

• Urban Planning
• Unauthorized Constructions
• Demolition and Rule of Law

#UrbanDevelopment #IllegalConstruction #DemolitionOrders #NaturalJustice