The Allahabad High Court on Monday took a tough stand against unchecked illegal construction in Prayagraj, directing the immediate demolition of portions of a building raised beyond the sanctioned plan in a residential locality of New Katra. The case unfolded after a local resident complained that unauthorised construction next door was threatening his old family house and blocking air and sunlight - a concern the Court said could not be brushed aside lightly.
Background
The dispute centred around Plot No. 64 of the Katra Housing Scheme, Dilkusha Park, where the owners had obtained permission from the Prayagraj Development Authority (PDA) for residential construction. According to the petitioner, Badal Chatterjee, the builders went far beyond what was approved - no setback was left, extra floors were added, and a basement was dug deeper than allowed.
Read also:- J&K High Court Declines Pension Relief to Sainik School Mansbal Staff, Says No Legal Right Without
Matters worsened when the PDA initially sealed the premises but later de-sealed it on the basis of an affidavit from one of the owners, who promised to remove deviations herself. Construction, however, continued. Frustrated by what he alleged was open collusion between officials and builders, the petitioner approached the High Court seeking intervention.
Court’s Observations
The Bench of Justice Saral Srivastava and Justice Sudhanshu Chauhan did not mince words. It questioned how the PDA could de-seal a property merely on an affidavit, without first removing illegal structures. “We fail to understand under which power such approval was granted,” the bench observed, clearly displeased.
Read also:- Delhi High Court Refuses to Revive Criminal Case by Company Director, Upholds Discharge of Ex
Rejecting the argument that the neighbour had no right to complain, the Court noted that illegal construction affects basic rights like fresh air, sunlight, and even structural safety. The judges also pointed out that the builder herself had admitted waterlogging in the basement could damage the adjoining house.
The Court was equally critical of repeated undertakings being treated casually. “The conduct of the respondents amounts to misleading the Court,” the bench remarked, adding that courts exist for law-abiding citizens, not for those who violate rules with impunity.
Decision
Holding that the construction was clearly beyond what could be legally regularised, the High Court allowed the PDA to proceed with demolition of all non-compoundable portions forthwith. It rejected requests for more time or alternative arrangements and directed that the demolition process be completed.
Read also:- Allahabad High Court Refuses Maintenance to Woman After Decade-Long Live-In, Says Marriage
The Court warned that if the work is not finished by the next date, it may call for explanations from both the present and former Vice Chairpersons of the PDA for allowing the illegal construction to continue in the first place. The matter has been listed again with directions for the Vice Chairman to remain present.
Case Title: Badal Chatterjee v. State of Uttar Pradesh & Others
Case No.: Writ – C No. 38819 of 2025
Case Type: Civil Writ Petition (Illegal Construction / Building Bye-laws)
Decision Date: December 15, 2025
