KANIZ AHMED versus SABUDDIN & ORS.

KANIZ AHMED versus SABUDDIN & ORS.

The High Court rightly exercised public interest jurisdiction in directing eviction and demolition of unauthorised construction; courts must adopt a strict approach and not allow regularisation of constructions put up in violation of statutory permissions, consistent with directions in Rajendra Kumar Barjatya (2024 INSC 990).

Parties
Petitioner: Kaniz Ahmed; Respondent: Sabuddin & Ors.
Jurisdiction
India
Judgment Date
30 April 2025
Procedural Posture
Special Leave Petition (civil) No. 12199 12200 of 2025 / Final Judgment SLP Dismissed (30 April 2025)
Outcome
Special Leave Petitions dismissed.
Legal Topics
Unauthorised Construction, Eviction, Demolition, Regularisation of Buildings, Deployment of Police Force, Rule of Law
Public Interest Litigation Administrative Law Property Law Municipal Law Unauthorised Construction Eviction Demolition Regularisation of Buildings +2 more

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Parties

Kaniz Ahmed

Petitioner

Sabuddin & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) No. 12199 12200 of 2025 / Final Judgment SLP Dismissed (30 April 2025)

Legal Issues

  1. 1 Whether the High Court exercised its jurisdiction in public interest by directing the KMC to initiate demolition of the unauthorised construction
  2. 2 Whether courts should permit regularisation of unauthorised construction erected without requisite permissions

Ratio Decidendi

The High Court rightly exercised public interest jurisdiction in directing eviction and demolition of unauthorised construction; courts must adopt a strict approach and not allow regularisation of constructions put up in violation of statutory permissions, consistent with directions in Rajendra Kumar Barjatya (2024 INSC 990).

Court Disposition

Special Leave Petitions dismissed.

Orders

  • Police authorities to give notice to all occupants to vacate the premises by themselves by April 30, 2025.
  • If any occupants 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.