NEW DELHI – The Supreme Court has firmly ruled that illegal and unauthorised constructions must be demolished, stating that leniency in such cases would erode the rule of law and foster a culture of impunity.
In a recent order, the Court dismissed an appeal by Kaniz Ahmed, who was accused of constructing a two-storey building in Kolkata without proper authorization. The Calcutta High Court had earlier rejected Ahmed’s plea for regularisation, prompting him to approach the apex court.
Upholding the High Court’s decision, a bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan stated,
“A person who disregards the law cannot later seek its protection. There is no alternative—the unauthorised construction must be demolished.”
The Court criticised state governments for enacting laws that allow for regularisation of illegal structures upon payment of impact fees, observing that such measures ignore the broader implications on public order and justice.
“If the law were to shield those who violate it, the deterrent effect would be lost, undermining the foundations of a just society,” the bench remarked.
Reaffirming its commitment to uphold legal standards, the Court referred to its prior judgment in Rajendra Kumar Barjatya vs. P. Avas Evam Vikas Parishad, noting that construction must strictly comply with regulations. It warned that any violations brought to the court’s attention should be met with “an iron hand,” and that misplaced sympathy for offenders would weaken the integrity of the law.
