Public Safety Takes Precedence Over Tenancy Rights in Landmark Judgment by Allahabad High Court
In a significant ruling, the Allahabad High Court has directed the demolition of a dilapidated building in Varanasi, reinforcing the precedence of public safety over tenancy rights. The case, Mukteshwar Mahadev Mukteshwari Durga Dharmarth Seva Samiti v. State of U.P., involved a building officially declared dangerous by the municipal authorities, prompting the court to order its demolition despite ongoing tenancy disputes.
The judgment, delivered by a division bench comprising Justices Neeraj Tiwari and Garima Prashad, underscores the statutory powers vested in the Municipal Commissioner under the Uttar Pradesh Municipalities Act, 1959. The court emphasized that once a structure is deemed unfit for habitation and poses a threat to life, the Municipal Commissioner is legally obligated to act for public safety, even if it means overriding existing tenancy rights.
The case arose from a writ petition filed by the Mukteshwar Mahadev Mukteshwari Durga Dharmarth Seva Samiti, seeking the demolition of their own building due to its hazardous condition. Despite a notice issued by the Nagar Nigam, Varanasi, in 2021, directing the demolition, the presence of tenants had stalled the process. A portion of the building had already collapsed in 2025, highlighting the urgency of the demolition.
The court noted that while the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, provides tenants certain protections, these cannot obstruct statutory actions necessary for public safety. The tenants had not obtained any stay against the demolition or dispossession, and the court found no legal grounds to delay the demolition further.
The court has ordered the Nagar Nigam to proceed with the demolition within two weeks, ensuring that tenants are given a reasonable opportunity to remove their belongings. The ruling also mandates police assistance to maintain law and order during the demolition process.
This judgment reaffirms the legal principle that public safety supersedes individual rights, particularly in cases where structures pose significant risks. The court's directive aims to prevent any further delay that could endanger lives, setting a precedent for similar cases in the future.
Bottom Line:
Municipal Commissioner is empowered under the Uttar Pradesh Municipalities Act, 1959 to demolish a building declared dangerous to public safety, overriding tenancy rights under the U.P. Regulation of Urban Premises Tenancy Act, 2021.
Statutory provision(s): Uttar Pradesh Municipalities Act, 1959, Sections 331 and 334; U.P. Regulation of Urban Premises Tenancy Act, 2021, Section 21
