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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
| Table of Content |
|---|
| 1. petition filed for demolition of a dilapidated building. (Para 1 , 2 , 3) |
| 2. arguments regarding tenants' rights and litigation. (Para 4 , 5 , 6) |
| 3. statutory framework for tenant protection versus demolition. (Para 7 , 9 , 10) |
| 4. public safety overrides individual tenancy rights. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. court orders immediate demolition of the building. (Para 17 , 18 , 19) |
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 th
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.
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....
The court affirmed the statutory obligations of the owner under the Kolkata Municipal Corporation Act to protect tenant rights during building safety actions.
A municipal corporation must respond to representations regarding dangerous buildings within a reasonable timeframe and provide a reasoned decision.
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