The Supreme Court has directed authorities to take immediate action against commercial activities being carried out from premises designated exclusively for residential use, ordering that such properties should, in the first instance, be sealed.
A Bench comprising Justice Ahsanuddin Amanullah and Justice R. Mahadevan issued the directions while dealing with proceedings concerning violations of building bye-laws and restrictions governing land use.
The Court made it clear that where an area has been earmarked specifically for residential purposes and approval has been granted only for such use, commercial activity cannot be permitted.
“If any commercial activity is found to be taking place in such areas, the premises shall, in the first instance, be sealed,” the Court directed.
The Bench also clarified that authorities would not have to wait for the resolution of separate disputes over ownership or other rights concerning the property. If the actual use of the premises is contrary to the purpose for which the land was allotted or the building plan was sanctioned, the existence of pending litigation would not prevent the authorities from sealing it.
The Court observed that the pendency of litigation “shall not come in the way of the Authorities sealing the premises” where the use of the land or building violates the approved purpose.
Directions on mixed-use areas
The Supreme Court distinguished between areas expressly earmarked for residential use and those where the sanctioned land-use position is not clearly defined.
For areas specifically identified as residential, authorities have been asked to prioritise preventing commercial activity.
Where an area has not been clearly designated for either residential or commercial use, the question of mixed-use may require further examination. Until then, the existing position is to remain undisturbed, although authorities may continue proceedings on paper.
The Court further directed authorities to ensure that enforcement is not carried out selectively. Any “pick-and-choose” approach in implementing land-use restrictions would be viewed strictly.
Proceedings expand beyond the original case
The proceedings originated from a dispute involving an unauthorised G+1 construction but were subsequently widened into a broader examination of land-use violations across the country.
In March 2026, the Supreme Court directed municipal authorities in the capital cities of States and Union Territories to conduct inquiries into premises allegedly being used for purposes contrary to sanctioned permissions. Senior Advocate Ajit Kumar Sinha was appointed as Amicus Curiae to assist the Court.
The proceedings have since covered alleged violations in several cities, including Meerut, Jaipur, Lucknow and Delhi.
In Meerut, authorities reported sealing 44 properties, while the Court has also examined the operation of coaching centres and other establishments from premises allegedly not approved for such activities.
The Court has separately indicated that wholly unauthorised structures may be sealed or demolished in accordance with law.