Allahabad High Court Halts Unauthorized Demolition of Residential Structures in Bareilly

Court Grants Petitioners an Opportunity to Seek Regularization, Orders Status Quo Until Application Disposal

In a significant development, the Allahabad High Court has intervened to halt the ongoing demolition of residential structures in Bareilly, Uttar Pradesh, citing non-compliance with statutory procedures. The division bench comprising Justices Mahesh Chandra Tripathi and Kunal Ravi Singh passed the order in response to a writ petition filed by Farhat Jahan and another petitioner against the State of Uttar Pradesh and the Bareilly Development Authority.

The court observed that the demolition actions undertaken by the authorities were executed without adhering to the due process of law, as mandated by the Uttar Pradesh Urban Planning and Development Act, 1973. It granted the petitioners liberty to file applications under Sections 14 and 15 of the Act, along with compounding applications to regularize the unauthorized constructions.

The petitioners' counsel argued that the demolition was initiated under an order dated October 12, 2011, which was never served to them, and contended that the demolition was carried out without proper notice or hearing, violating Articles 14 and 21 of the Constitution of India. The petitioners further claimed that they were willing to comply with the compounding procedures for regularization of the structures, some of which are allegedly compoundable.

Opposing the petition, counsel for the Bareilly Development Authority maintained that the petitioners had been duly notified of the unauthorized construction and failed to respond or seek regularization, even after being provided several opportunities. They emphasized the authority’s statutory obligation to regulate constructions, particularly commercial establishments like marriage halls, without proper sanctions.

Taking into account the submissions, the High Court refrained from adjudicating on the merits of the case but emphasized the need for a fair opportunity for the petitioners to pursue statutory remedies. The court directed the petitioners to submit the necessary applications within two weeks and instructed the Bareilly Development Authority to process and decide on these applications within six weeks, ensuring a fair hearing is given to the petitioners.

The court has ordered all parties to maintain the status quo regarding the property until the disposal of the applications, prohibiting further demolition or unauthorized construction activities. This decision underscores the judiciary's role in ensuring that administrative actions comply with legal procedures and protect citizens' rights.

Bottom Line:

Demolition of unauthorized construction without following due process of law - Petitioners granted liberty to pursue statutory remedies and file applications for compounding under the Uttar Pradesh Urban Planning and Development Act, 1973 - Status quo to be maintained until disposal of applications by the Bareilly Development Authority.

Statutory provision(s): Constitution of India, 1950 Article 226, Uttar Pradesh Urban Planning and Development Act, 1973 Sections 14, 15, and 27

Farhat Jahan v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2820790