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Kaniz Ahmed v. Sabuddin

Special Leave Petition (Civil) · 2025 INSC 610Decided 30 Apr 2025
SLP(C) No.-012199-012200 - 2025
Justice J.B. Pardiwala · Justice R. Mahadevan

Background

This was a special leave petition against a High Court order (in a public interest litigation) that directed the Kolkata Municipal Corporation (KMC) and police to vacate occupants and demolish unauthorised floors of a building, with the entire process to be videographed and reported back to the High Court. The petitioner, an occupant/builder facing demolition, asked the Supreme Court to allow her one chance to seek regularisation of the unauthorised construction (two illegally built floors) instead of demolition.

Decision Breakdown

The Supreme Court fully endorsed the High Court's approach, praising its "courage and conviction" in tackling unauthorised construction through PIL jurisdiction, and refused to grant any opportunity for regularisation. Citing its own recent decision in Rajendra Kumar Barjatya v. U.P. Avas Evam Vikas Parishad (2024 INSC 990), the Court reiterated a detailed list of directions for authorities on preventing illegal construction (undertaking before building permission, display of approved plans, no service connections without occupation certificates, etc.) and held that courts must take a strict, unsentimental approach: a person who disregards the law cannot later ask for judicial mercy through regularisation. The special leave petitions were dismissed and the demolition order allowed to stand.

Lesson Learnt

Unauthorised construction will not be judicially rescued through post-hoc regularisation requests. Courts have signalled a firm, consistent policy that illegal building must be demolished, not excused, to preserve the deterrent effect of planning laws.

Official source (sci.gov.in)View Judgment (PDF)

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