RAJENDRA KUMAR BARJATYA AND ANOTHER versus U.P. AVAS EVAM VIKAS PARISHAD & ORS.

RAJENDRA KUMAR BARJATYA AND ANOTHER versus U.P. AVAS EVAM VIKAS PARISHAD & ORS.

The High Court's order directing demolition of commercial shops illegally constructed on a plot earmarked for residential use was correct and is confirmed: unauthorized constructions erected without sanctioned plan/approval are liable to be demolished notwithstanding long occupation or registration; notices and opportunities had been given to the original allottee, appellants as buyers were bound by caveat emptor, and delay/laches or administrative failures do not vest a right to continue illegal constructions; authorities must carry out demolition and initiate criminal and departmental action as directed, and follow the procedural safeguards and policy directions issued by this Court.

Parties
Appellant: Rajendra Kumar Barjatya and Another; Respondent: U.P. Avas Evam Vikas Parishad & Ors.; Respondent: Veer Singh; Respondent: Vinod Arora
Jurisdiction
India
Judgment Date
17 December 2024
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dated 05.12.2014 in Writ C No.46342 of 2013
Outcome
Appeals dismissed; High Court order confirmed
Legal Topics
Illegal/unauthorized Constructions, Demolition, Completion/occupation Certificate, Regularisation, Doctrine of Caveat Emptor, Estoppel, Zonal Plan and Usage, Departmental and Criminal Action Against Officials
Property Law Municipal/urban Planning Administrative Law Criminal Law Illegal/unauthorized Constructions Demolition Completion/occupation Certificate Regularisation +4 more

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Parties

Rajendra Kumar Barjatya and Another

Appellant

U.P. Avas Evam Vikas Parishad & Ors.

Respondent

Veer Singh

Respondent

Vinod Arora

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dated 05.12.2014 in Writ C No.46342 of 2013

Legal Issues

  1. 1 Whether commercial shops illegally constructed on a residential plot without sanctioned plan can be demolished by the authority under section 83 of the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965
  2. 2 Whether long possession and passage of time/ delay and laches or registration/freehold grant estops demolition or regularisation of unauthorized construction
  3. 3 Whether principles of natural justice were violated by not naming/pursing third party purchasers before demolition order

Ratio Decidendi

The High Court's order directing demolition of commercial shops illegally constructed on a plot earmarked for residential use was correct and is confirmed: unauthorized constructions erected without sanctioned plan/approval are liable to be demolished notwithstanding long occupation or registration; notices and opportunities had been given to the original allottee, appellants as buyers were bound by caveat emptor, and delay/laches or administrative failures do not vest a right to continue illegal constructions; authorities must carry out demolition and initiate criminal and departmental action as directed, and follow the procedural safeguards and policy directions issued by this Court.

Court Disposition

Appeals dismissed; High Court order confirmed

Orders

  • High Court order dated 05.12.2014 confirmed
  • Appellants to vacate and hand over vacant premises to respondent authorities within three months from receipt of copy of this judgment