Public safety concerns override tenant rights when a structure poses imminent danger; lawful demolition must proceed despite tenant objections.

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 neither its maintenance is possible nor is it possible to be repaired inasmuch as any attempt at its renovation might result in collapse of the building itself. In paragraph 10 of the writ petition, it is claimed that on being apprised by one Mahesh Chandra Saxena, certain reports were called for by the authorities of Nagar Nigam, Alligarh. The building was inspected by the officials of the Nagar Nigam and it was found that the structures are in dilapidated stage and will require demolition. The authorities are said to have found the building such that its collapse is quite imminent which may result in loss of life and property.

4. Records of the writ petition reveal that various proceedings were undertaken for the building to be demolished, but no action was taken. Taking cognizance of the grievance raised in the present petition, this Court passed the following order dated 29.5.2025 :- In the present petition, it has been stated that despite an “order under Section 331 (3) and despite the inability of the petitioner who claims himself to be the power of attorney holder of the original owner of the property to demolish the building, no steps have been taken by the Municipal Commissioner and the Nagar Nigam, Aligarh to execute the notice issued under Section 331 of the Uttar Pradesh Municipal Corporation Act, 1959. The Municipal Commissioner, Nagar Nigam, Aligarh shall file his personal affidavit on the next date fixed in which he shall give the details of the facts and materials which persuaded the Nagar Nigam to issue notice under Section 331 of the Act, 1959 and further the circumstances which prevented the Nigam from ensuring the execution of notice. The Municipal Commissioner, Nagar Nigam, Aligarh shall also be personally present in the Court on the next date fixed. Put up again as fresh on 3rd July, 2025. The impleadment application filed by the occupiers of the building shall be considered on the next date. It is clarified that till the next date, no action shall be taken either by the Nagar Nigam or the petitioner or any other person in pursuance to the notice issued under Section 331 . A copy of this order shall be sent to the Municipal Commissioner, Nagar Nigam, Aligarh by the Registrar (Compliance) within 24 hours.”

5. Pursuant to the aforesaid order, Shri Vibhanshu Vaibha