The Supreme Court has clarified that the legality of commercial properties and constructions located in residential areas must be examined based on the existing Master Plan and applicable building by-laws. The interim order was passed on September 22 and was subsequently uploaded on the court’s website. The clarification comes in the context of the revision of the Master Plan and the regulation of properties whose existing use or construction may be subject to planning restrictions. During the hearing, the court was informed that the existing Master Plan had not been revised for several years and that a new draft Master Plan had been prepared. The authorities sought permission to publish the draft so that members of the public and other stakeholders could submit their objections and suggestions. The Supreme Court permitted the publication of the draft Master Plan and allowed the process of inviting objections to proceed. However, it made it clear that the draft could not be given final approval without further permission from the court. An important aspect of the order is the court’s clarification regarding properties and constructions during this period. The authorities have been directed to examine whether a particular property or construction conforms to the existing Master Plan and the applicable building by-laws of the competent authority. This means that the proposed changes in the draft Master Plan cannot automatically be used as the basis for determining the present legality of a property. The existing planning regulations will continue to be relevant when authorities examine the legality of commercial use or construction. The Supreme Court also stressed that the authorities must apply the rules uniformly. Property owners and constructions must not be subjected to different standards based on selective enforcement. The court made it clear that if it is brought to its notice that authorities have adopted a selective or “pick-and-choose” approach while taking action against properties, the matter could be viewed seriously. The clarification is significant for owners of commercial properties situated in areas classified for residential use. The legality of such properties will have to be considered with reference to the currently applicable Master Plan, land-use provisions and building by-laws. At the same time, the publication of the draft Master Plan allows the planning revision process to move forward, including the submission of objections and suggestions. However, the draft will not become the final Master Plan without the required approval. The order therefore distinguishes between the existing planning framework used to assess current properties and the proposed Master Plan that is still undergoing the revision process.