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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
NEERAJ TIWARI, GARIMA PRASHAD
Mukteshwar Mahadev Mukteshwari Durga Dharmarth Seva Samiti – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Garima Prashad, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents, and Sri Abhishek Kumar Yadav, learned counsel appearing for respondent no.3.
2. The present writ petition has been filed seeking a direction to the respondent authorities to demolish the building owned by the petitioner/Mukteshwar Mahadev Mukteshwari Durga Dharmarth Seva Samiti, situated at Inglishialine, House No. S-21/71-A, Varanasi, which, according to the petitioner, is in a highly dilapidated condition and poses imminent danger to passers-by as well as to persons residing in the building and its neighborhood.
3. Learned counsel for the petitioner submits that respondent no.3– Nagar Nigam, Varanasi issued a notice dated 03.08.2021 under Section 331(1)(2) of the Uttar Pradesh Municipalities Act, 1959 (hereinafter referred to as “the Act of 1959”), directing demolition of the unsafe structure within seven days. Pursuant thereto, the petitioner submitted representations dated 03.08.2021, 13.08.2021 and 17.08.2021 before the concerned Magistrate. It is further submitted that the Municipal Commissioner sought a report from Police Station Sigra, which submitted a
Public safety concerns override tenant rights when a building is declared unsafe, allowing for immediate demolition without waiting for resolutions of tenancy disputes.
Public safety concerns override tenant rights when a structure poses imminent danger; lawful demolition must proceed despite tenant objections.
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.
The judgment established that the pendency/dismissal of rent control proceedings for demolition and reconstruction would not bar the Municipal Authorities from ordering demolition of a building, and ....
A municipal corporation must respond to representations regarding dangerous buildings within a reasonable timeframe and provide a reasoned decision.
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