By News Desk 
Reinforcing its tough stance against unauthorised construction, the Supreme Court of India has dismissed a petition seeking the regularisation of an illegal structure built in Kolkata. The apex court made it clear that no leniency would be granted for such violations and insisted that the unauthorised building must be demolished without exception.
Illegal Buildings Will Not Be Legalised, Says Apex Court
A bench comprising Justices JB Pardiwala and R Mahadevan upheld the earlier decision of the Calcutta High Court, which had denied permission for the regularisation of the illegal building and ordered its demolition. The Supreme Court reiterated that all illegal constructions must face demolition, leaving no scope for post-facto approval.
“The law must not aid those who deliberately break it,” the court asserted, adding that encouraging such actions would erode the rule of law and promote a culture of impunity.
Court Criticises Attempt to Seek Relief After Violation
The petitioner’s counsel had urged the court to allow a request for regularisation of the unauthorised structure. However, the bench was firm in its rejection, stating:
“Someone who disrespects the legal process cannot later plead for protection under it. Adding two floors without permission is not a small oversight—it’s a direct challenge to legal authority. Such actions must face consequences.”
The judges expressed concern that several State Governments have been implementing Regularisation Acts by accepting impact fees, often ignoring the core legal issues involved. The court called this trend legally flawed and counterproductive.
A Call for Judicial Discipline and Public Interest
The Bench further warned against judicial overreach in favour of violators, urging that courts adopt a firm and consistent approach in such matters. The Supreme Court noted that relaxing rules for unauthorised structures would not only weaken the rule of law but also endanger the well-being of society by compromising planned development.
In their words:
“Courts must avoid becoming instruments for legalising illegality. Unauthorised constructions threaten urban planning and must be dealt with through a strict legal lens.”
Reference to Precedent: Rajendra Kumar Barjatya Case
The judges also referred to their earlier ruling in the Rajendra Kumar Barjatya vs. UP Housing and Development Council case, where the Court had clearly stated that any construction must strictly follow all legal and regulatory norms. Any violations must be dealt with harshly, and offering mercy in such cases would amount to “misplaced sympathy.”
Final Verdict
With these observations, the Supreme Court dismissed the appeal, reinforcing the principle that violations of urban laws will not be excused, regardless of the circumstances. The decision is expected to set a precedent for future cases involving illegal construction across the country.