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ARTICLE · 23 OCTOBER 2026

Real Estate Newsletter October 2026

King, Stubb & Kasiva
King, Stubb & Kasiva
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King, Stubb & Kasiva

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In an order dated September 22, 2026, the Supreme Court directed authorities across States to give priority to preventing commercial activity in areas shown as exclusively residential. Premises used commercialy in breach of sanctioned land-use permissions are to be sealed in the first instance. The Court also cautioned against selective enforcement. The proceedings began with an unauthorised building case and grew into a wider examination of misuse of residential premises.

IndiaReal Estate and Construction
Jidesh Kumar
Jidesh Kumar
Rajesh Sivaswamy
Rajesh Sivaswamy
Adnan Siddiqui
Adnan Siddiqui
Asha Kiran Sharma
Asha Kiran Sharma
Siddartha Karnani
Siddartha Karnani
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Supreme Court on Commercial Use of Residential Property in India

Introduction

In an order dated September 22, 2026, the Supreme Court directed authorities across States to give priority to preventing commercial activity in areas shown as exclusively residential. Premises used commercially in breach of sanctioned land-use permissions are to be sealed in the first instance. The Court also cautioned against selective enforcement. The proceedings began with an unauthorised building case and grew into a wider examination of misuse of residential premises.

Key Points in the Order

Sealing as the first step: Where an area is designated residential and permission is granted only for residential use, commercial activity should be stopped and the premises sealed. Wholly unauthorised structures may be sealed or demolished in accordance with law.

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