Authority: Supreme Court of India, Bench of Hon'ble Mr. Justice J.B. Pardiwala and Hon'ble Mr. Justice K.V. Viswanathan

Order Date: 14-07-2026

Case Overview

  • Petitioner: Bimalendu Pradhan; Respondent: State of Odisha. The proceedings also involve the U.P. Awas Evam Vikas Parishad (referred to as the Parishad).
  • Multiple continuous miscellaneous petitions (C.M.T. Pet.) were listed: No. 877/2025, No. 851/2025 and MA Diary No. 7071 of 2026, all under C.A. No. 14604/2024.
  • The petitions reference a long series of Intervention Applications (IA) covering permissions, exemptions from filing O.T., stay applications, and impleadments (e.g., IA Nos. 13767/2026, 13768/2026, 107287/2026, 140853/2026, 105772/2026, 106812/2026, 140255/2026, 107289/2026, 189063/2026, 140854/2026, etc.).
  • On the hearing date, the Court noted a report filed by the Parishad in the form of an affidavit affirmed by Mr. P. Guruprasad, Chairman of the Parishad, detailing steps taken to demolish unauthorized constructions as directed by the Court.
  • The report confirmed that 44 properties, originally sanctioned for residential use but now being used for commercial activities (schools, maternity clinics, hospitals, diagnostic centres, banks, etc.), have been sealed.
  • The Court observed that most of these 44 properties are commercial structures; any residential‑type structure with additional unauthorised commercial floors must be identified, notice issued, and demolished within 15 days if the owner does not comply. Demolition costs will be recovered as arrears of land revenue.
  • The Court also examined the status of demolition in setback areas for 128 properties and directed that all setback areas of each property be demolished.
  • Counsel Mr. Naveen Pahwa (senior counsel for the Parishad) argued for compounding of unauthorised constructions in EWS residential houses. The Court referred to Regulation 16 of the U.P. Housing and Development Board Regulations, 1982, which expressly prohibits compounding of constructions not conforming to the Master Plan.
  • The Court unequivocally rejected any notion of compounding unauthorised constructions that violate land‑use proposals, stating that time lapse does not legalise the illegal.
  • The Court instructed the Chairman, Mr. P. Guruprasad, to undertake a fresh, extensive inquiry into other parts of Meerut and specifically the outskirts area called Uldepur, to identify any similar illegal constructions, and to file a detailed report by the next hearing.
  • The Court emphasized the public‑safety dimension, recalling recent incidents where children died in fires caused by illegal structures, and warned that failure to act promptly would jeopardise lives and the rule of law.
  • The order also addressed Item No. 302.2 (Petition No. 851/2025) stating that no representatives of the State of Haryana were present, no report had been filed, and an exhaustive report is required by the next hearing.
  • The Court scheduled the next hearing for 21 September 2026 at 2:00 PM, directing:
  • Mr. Pahwa to file a fresh report on further developments.
  • The affidavit of the Parishad to be taken on record.
  • Mr. P. Guruprasad to appear via video‑conference.
  • All parties to comply with the demolition directives.

Final Outcome

  • The Supreme Court ordered immediate demolition of the 44 identified commercial structures and all setback areas of 128 properties, with a 15‑day notice period for owners to self‑demolish and provision for cost recovery as land‑revenue arrears.
  • Compounding of any unauthorised construction that contravenes the Master Plan is expressly prohibited.
  • The Parishad must conduct a fresh, town‑wide survey, report findings, and ensure compliance before the next hearing on 21 September 2026.

Topics: Legal Enforcement, Urban Planning, Building Safety