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Civil · Reportable judgment

Kaniz Ahmed vs Sabuddin & Ors.

Court
Supreme Court of India
Date
30 April 2025
Case No.
Special Leave Petition (C) No(s). 12199-12200 of 2025
Result
Dismissed
Bench
J.B. Pardiwala, R Mahadevan
Citation
[2025] 4 S.C.R. 2467 : 2025 INSC 610
Supreme Court Reports [2025] 4 S.C.R. 2467 : 2025 INSC 610
Issue for consideration
Whether the High Court has exercised its jurisdiction in public interest by directing the KMC to initiate demolition of the unauthorised construction.
Headnote

Unauthorised Construction – The High Court directed the police authorities to give notice to all the occupants to vacate the unauthorised constructed premises by themselves – In case, they continued to remain in occupation, it was directed that the occupants to be evicted by deployment of adequate police force – After the vacation of premises, the KMC authority was directed to initiate demolition of the unauthorised construction – Correctness:

Held: The High Court has rightly proceeded to take care of unauthorised construction in exercise of its jurisdiction in public interest – In Rajendra Kumar Barjatya case, it has been made clear that each and every construction must be made scrupulously following and strictly adhering to the rules and regulations – In the event of any violation, being brought to the notice of the courts, the same should be dealt with iron hands and any leniency or mercy shown to the person guilty of unauthorised construction would amount to showing misplaced sympathy – Also, the Courts must adopt a strict approach while dealing with cases of illegal construction and should not readily engage themselves in judicial regularisation of buildings erected without requisite permissions of the competent authority. [Paras 5, 7]

Keywords: Unauthorised construction · Eviction · Deployment of police force · Rules and regulations · Requisite permissions · Regularisation of buildings · Judicial regularisation

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Heard the learned Senior counsel appearing for the petitioner. 2. The High Court in Paras 21 and 22 of its impugned judgment and order has observed thus:“21. Therefore, the police authorities are directed to give notice to all the occupants to vacate the premises by themselves by April 30, 2025. If any of them still continued to remain in occupation, they shall be evicted by deployment of adequate police force and such process shall be completed by not later than May 16, 2025. After the three floors are vacated, the KMC authority shall initiate demolition proceedings for which also
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