NEW DELHI: Taking serious note of illegal constructions and the conversion of residential properties for commercial use, the Supreme Court has directed the Uttar Pradesh government to seal over 16,000 properties in Meerut and demolish unauthorised structures.
A bench of Justices JB Pardiwala and KV Viswanathan also formed a judicial commission, led by former Supreme Court judge Justice Sudhanshu Dhulia, to conduct a thorough inquiry in Uldepur, on the outskirts of Meerut, regarding the nature of land where these illegal residential colonies have developed.
"We are shocked and disturbed to learn, reading the status report, that hundreds of illegal residential colonies have come up at Uldepur," the bench said, after perusing the report by P Guruprasad, Chairman of Uttar Pradesh Awas Evam Vikas Parishad.
The bench noted that the department has undertaken an inspection and survey of various parts of Meerut.
The report showed that the town has been divided into four zones: Zone-A, Zone-B, Zone-C, and Zone-D.
"In Zone-A, 16 teams deputed for the purpose of inspection/survey have identified 16,726 structures to be absolutely illegal/unauthorised. Out of 16,726 structures, 12,907 comprise residential, 874 residential-cum-non- residential, and 2945 non-residential constructions," it noted in its September 21 order.
The top court, hearing a contempt petition related to non-compliance with previous directives on illegal constructions, instructed the authorities to take appropriate action against all the 16,726 illegal structures in Zone-A at the earliest.
"The first step in the process is to ask the occupants to vacate the premises and to seal all these premises, i.e., the 16,726 illegal structures. We direct accordingly. It is possible that some of these structures may be in a dilapidated condition and may collapse, resulting in casualties. We do not want this to happen at any cost. Therefore, prompt action is necessary. We direct that prompt action be taken insofar as all the four zones are concerned," it said.
The bench added that in the unfortunate event of an incident leading to loss of innocent lives, the responsible government officer would be held personally liable.
The court noted that the report did not address the situation in Zone-B, Zone-C, and Zone-D, and therefore, the court lacks information about the number of illegal structures in these three zones.
It stated that on the next date of hearing, the authority concerned shall give us a comprehensive report as regards Zone-B, Zone-C and Zone-D respectively.
"However, since illegal construction in Zone-A has been identified, appropriate action shall now be taken for demolition of the same," the bench underscored.
It added, "The overall picture, as reflected from the status report, appears to be extremely grim and serious. The authorities need to work day and night to demolish these unauthorised constructions."
Terming the facts and figures in the status report as alarming, the bench said, "the extent of unauthorised/illegal construction in the entire town and at the outskirts is now borne out from the report itself of the authority." It directed that the demolition process continue, and a further status report be presented to the court by the next hearing.
Regarding Uldepur, the bench noted that upon reviewing the report, it appears that notices were issued to the respective owners of the 44 properties sealed at the earliest point.
It added that 20 of those 44 properties have been demolished, and unauthorised commercial use has been halted.
The report indicated that out of 44 properties, 38 had building plans sanctioned, but the owners had constructed unauthorised additions, and the properties had been used for commercial purposes.
Six properties were sold as plots, with unauthorised residential and commercial construction carried out without plan or map approval, it said.
The bench ordered, "We direct the authorities to ensure that the remaining 24 properties, out of 44 on which seals have been applied, be demolished accordingly at the earliest."
It also mentioned that the judicial commission, led by Justice (retd) Dhulia, will investigate why the Meerut Development Authority remained inactive for over five years, allowing these illegal residential colonies to form.
The commission will also determine whether these illegal residential colonies were established in collusion with officials of the Meerut Development Authority, and identify those responsible.
It directed that the matter be listed for a hearing in December and sought an extensive status report on the action as directed by the court.