Court Upholds Fundamental Rights, Orders Protection Against Potential State Actions
In a significant judgment, the Allahabad High Court has intervened to prevent the arbitrary demolition of properties owned by Faimuddeen and his family in Hamirpur, Uttar Pradesh. The court, presided by Justices Atul Sreedharan and Siddharth Nandan, emphasized adherence to the principles laid down by the Supreme Court regarding punitive demolitions, safeguarding the fundamental rights of individuals under Articles 14 and 21 of the Indian Constitution.
The case arose when notices for demolition were issued to the petitioners, Faimuddeen and his family, in connection with an FIR registered against their relative, Aafan Khan. Despite not being co-accused in the FIR, the petitioners faced threats of property demolition. The High Court, while granting interim relief, ordered the continuation of protection for the petitioners’ properties and directed the police to ensure their safety and unrestricted access to their homes.
The court highlighted the necessity for the State to comply with the Supreme Court's directives against punitive demolitions and questioned the justification for such actions in the absence of public need or purpose. The judgment addressed critical questions regarding the balance between state authority and individual rights, questioning whether anticipatory demolition notices constitute a colorable exercise of executive discretion.
This decision underscores the judiciary's role in upholding constitutional rights and emphasizes the need for state actions to align with legal procedures and established judicial precedents. The matter is scheduled for further hearing on February 9, 2026, where more questions of law are expected to be addressed.
Bottom Line:
Demolition of properties - Principles laid down in the Supreme Court judgment on punitive demolition - Rights under Articles 14 and 21 of the Constitution - Judicial intervention to prevent arbitrary demolition actions by the State.
Statutory provision(s): Articles 14 and 21 of the Constitution of India, Supreme Court Judgment in "Re: Directions in the Matter of Demolition of Structures"
Faimuddeen v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2848380
