An eye-opener for all States: Supreme Court on UP IAS officers' inaction on demolition orders

The Supreme Court on Thursday observed that the ongoing litigation regarding the failure of Uttar Pradesh government authorities to act against unauthorised commercial buildings should serve as a wake-up call for States across the country.

A Bench of Justices JB Pardiwala and KV Viswanathan noted that the crisis, which recently necessitated the emergency sealing of schools and hospitals, could have been avoided if officials had acted with greater diligence.

"Had the authorities taken steps in the appropriate time in the right direction this situation would not have arisen. This case is an eye opener for the state machinery, not just for UP, but for the entire country," the Court remarked.

The Court was hearing a contempt of court petition regarding the failure of the Uttar Pradesh Awas Evam Vikas Parishad (UP AEVP) to demolish hundreds of unauthorised commercial structures operating in residential zones in Meerut.

Earlier this week, the Court pulled up two senior IAS officers - UP AEVP Chairman P Guruprasad and former Meerut Divisional Commissioner Rishikesh Bhaskar Yashod - for "absolute defiance" of judicial orders.

The Bench had previously slammed Yashod for passing an administrative stay on demolitions in October 2025, which he claimed was done to prevent "public hue and cry." The Court had reprimanded him for yielding to the pressure of "prominent public representatives" rather than enforcing the rule of law.

"So will you succumb to hue and cry by the encroachers or go by the rule of law?" the Court had asked Yashod in an earlier hearing, noting that his interference had created a "complete deadlock."

The Court had also warned Guruprasad on April 2 after he struggled to explain why only one out of 860 identified illegal properties had been demolished.

At the time, the Bench issued a stern warning: "He will remember us for the rest of his career. This should not happen again."

During the hearing today, Senior Advocate Rajiv Shakdher, appearing for the Guruprasad, informed the Court that the authorities had complied with the previous order to seal the most vulnerable structures.

He informed that six schools, six hospitals, and three banks had been shut down, and the occupants, including students and patients, had been successfully relocated.

The Court, while taking note of the compliance, turned its attention to the remaining 800-odd unauthorised buildings in the area. It specifically addressed the issue of "setbacks" - the mandatory distance a building must be placed from a property line.

"After sealing all the 44 unauthorised structures, what further steps will you take? All illegal, unauthorised set backs have to go," the Bench observed.

In its order, the Court granted the Parishad two months to demolish all unauthorised setbacks, making it clear that there would be no question of "compounding" (regularising through a fee) these specific violations.

It permitted the authorities to issue notices to occupants to remove the setbacks themselves, failing which the Parishad would take action and recover the costs from the owners. It also requested a status report on whether other parts of the constructions could be compounded under existing bylaws.

The Court directed Guruprasad, who was appearing virtually, to read the latest order and proceed with the demolition of setbacks immediately.

The matter will be heard next on July 14.

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