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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Ashwani Kumar Mishra, Jayant Banerji
Ashok Kumar Gupta – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Vibhanshu Vaibhav, learned counsel representing the Nagar Nigam, Aligarh as well as the learned counsel for the applicants seeking impleadment of the intervenors.
2. This writ petition has been filed with a prayer to issue an appropriate direction to the District Magistrate, Aligarh and Senior Superintendent of Police, Aligarh to provide necessary police force to the petitioner to get the building demolished in compliance of the notice issued by Nagar Nigam, Aligarh dated 1.10.2024 under Section 331 (1) of the U.P. Municipal Corporation Act, 1959, [Act 1959]. The petitioner has made further prayer to command the officials of the Nagar Nigam and District Administration to get the building demolished, bearing Municipal No.2/206 at Sudama Puri, Ram Ghat Road, Aligarh, which is popularly known as ‘Rama Devi Building’.
3. The petitioner claims to be the owner of the premises in question. In paragraph 6 of the writ petition, it is claimed that the building is nearly 100 years old and is in dilapidated condition. According to petitioner, the building in question is such that n
Public safety concerns override tenant rights when a structure poses imminent danger; lawful demolition must proceed despite tenant objections.
Public safety concerns override tenant rights when a building is declared unsafe, allowing for immediate demolition without waiting for resolutions of tenancy disputes.
Letters Patent Appeals - Rent Control and Eviction - Tenant - Restrictions on user of buildings and removal of dangerous buildings - Saving inheritance of High Court - Power conferred under Section 2....
Municipal authorities may exercise emergency powers to ensure public safety, allowing for expedited eviction without a prior hearing in cases of imminent danger.
The court affirmed the statutory obligations of the owner under the Kolkata Municipal Corporation Act to protect tenant rights during building safety actions.
Tenants retain their rights to occupy and reconstruct a demolished tenanted building, and property owners have legal obligations to redevelop or reconstruct under municipal law, which the MCGM is emp....
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