26 Sep 2026 13:03 PM
Supreme Court
Supreme Court

Land Use Violation -- Commercial Activity in Residential Area -- Premises used commercially in violation of sanctioned residential permission liable to be sealed in first instance

(i) Municipal Building Bye-Laws -- Land Use Violation -- Commercial Activity in Residential Area -- Where an area is specifically designated as residential and permission has been granted only for residential use, any commercial activity found to be taking place there is liable to be sealed in the first instance. (ii) Municipal Building Bye-Laws -- Land Use Violation -- Pendency of Litigation No Bar to Sealing -- Pendency of litigation concerning title or other rights over a property, whether between private parties or between the Government and a party, does not prevent the authorities from sealing the premises where the actual use violates the purpose for which the land or building was allotted and the plan sanctioned and approved. (iii) Municipal Building Bye-Laws -- Land Use Violation -- Status Quo in Areas Without Specified Use -- In areas not specifically designated for residential or commercial use, the question of mixed use requires further consideration, and status quo is to be maintained for the time being, though proceedings on paper may continue.

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