सुप्रीम कोर्ट ने आवासीय क्षेत्रों में व्यावसायिक उपयोग को रोकने का आदेश: प्रथम चरण में सीलिंग अनिवार्य

Residential Premises Used For Commercial Activity Must Be Sealed; Don't 'Pick & Choose' : Supreme Court

Yash Mittal

26 Sept 2026 10:54 AM IST

The Court directs authorities to seal commercial activity in residential areas, warns against discriminatory 'pick-and-choose' action.

In an important development, the Supreme Court has directed authorities across States to prioritise preventing commercial activities in areas earmarked exclusively for residential use, ordering that premises found to be used commercially in violation of sanctioned land-use permissions should, in the first instance, be sealed.

The Court said that where an area is specifically designated as residential and permission has been granted only for residential use, any commercial activity found there should, “in the first instance, be sealed.”

“If any commercial activity is found to be taking place in such areas, the premises shall, in the first instance, be sealed.”, the Court said.

It clarified that even if there is pending litigation concerning title or other rights over the property, such litigation cannot prevent sealing where the actual use violates the purpose for which the land or building was allotted and approved.

“…the pendency of such lis shall not come in the way of the Authorities sealing the premises if the use thereof is in violation of the purpose for which the land/building was allotted…”, the Court said.

A Bench of Justice Ahsanuddin Amanullah and Justice R. Mahadevan issued the direction while hearing an ongoing case concerning the enforcement of building bye-laws and land-use restrictions, in which the Court is examining the issue of premises being used contrary to the purpose for which the land was allotted or the building plan was sanctioned.

The Court also warned authorities against adopting a “pick-and-choose” approach, saying that any discriminatory enforcement would be viewed strictly.

Following directions were issued in a latest order passed on September 22:

"(i) For the present, the Authorities shall give priority to ensuring that in areas specifically shown as residential, where the permission granted by the State Government is only for residential use, no commercial activity takes place. If any commercial activity is found to be taking place in such areas, the premises shall, in the first instance, be sealed.

(ii) In areas which are not clearly specified for any particular use, such as commercial or residential use, the question of mixed use may also require consideration. However, for the time being, the status quo shall not be disturbed. Proceedings on paper may nevertheless continue.

(iii) With regard to any building/land/area in respect of which a lis may be pending, whether between private individuals concerning title or any other dispute, or between the Government and the concerned party, the pendency of such lis shall not come in the way of the Authorities sealing the premises if the use thereof is in violation of the purpose for which the land/building was allotted and for which the Competent Authority has sanctioned and approved the plan."

Background

The proceedings began with a case concerning an unauthorised G+1 building and were expanded in March 2026 into a pan-India exercise examining the misuse of residential areas for non-residential purposes. The Court directed municipal authorities in the capital cities of States and Union Territories to conduct inquiries, and appointed Senior Advocate Ajit Kumar Sinha as Amicus Curiae.

The proceedings have subsequently involved land-use violations in Meerut, Jaipur, Lucknow and Delhi, including the sealing of 44 properties in Meerut and scrutiny of coaching centres and other establishments operating from premises allegedly not authorised for such use.

The Court has further directed that wholly unauthorised structures may be sealed or demolished in accordance with law.

The matter will next be heard on November 23, 2026.

Cause Title: Loganathan v. The State of Tamil Nadu & Ors.

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