Allahabad High Court Orders Demolition of Illegal Construction in Prayagraj

Court Criticizes Collusion Between Authorities and Offenders in Construction Law Violations

In a significant ruling on December 15, 2025, the Allahabad High Court ordered the demolition of illegal constructions by respondents in the case of Badal Chatterjee v. State of U.P. The Division Bench comprising Justices Saral Srivastava and Sudhanshu Chauhan expressed strong disapproval of the Prayagraj Development Authority's (PDA) collusion with violators, enabling unauthorized constructions to persist.

The petitioner, Badal Chatterjee, filed a writ petition challenging the construction activities by respondents on Plot No. 64, Katra Housing Scheme, Prayagraj. Chatterjee alleged that the illegal constructions infringed upon his easementary rights to air and sunlight and posed a risk to his property. Despite the PDA's initial sealing order of the premises, unauthorized construction continued unabated, prompting the petitioner to approach the court for redressal.

The court emphasized the duty of authorities to act against deviations from approved plans and underscored the petitioner's right to challenge such illegal constructions. In its order, the court directed the PDA to proceed with the demolition of all non-compoundable structures that deviated from the sanctioned plan. It criticized the respondents for failing to honor their undertaking to demolish illegal constructions at their expense.

The judgment further highlighted the authorities' lack of empathy towards residents affected by illegal constructions. It noted that the PDA's actions, including the de-sealing of properties based on unwarranted affidavits, were reprehensible. The court warned of seeking explanations from the current and previous Vice Chairmen of the PDA if the demolition was not completed by December 18, 2025.

Legal experts view this ruling as a significant step towards ensuring accountability in construction law violations and protecting the rights of citizens affected by unauthorized developments.

Bottom Line:

Illegal construction - Rights of neighbors - Petitioner has locus standi to file writ petition against illegal construction that infringes easementary rights of air and sunlight and poses a risk to the petitioner's property. Authorities and individuals cannot act contrary to approved construction plans and must ensure compliance with legal obligations.

Statutory provision(s): Construction Law, Easementary Rights, Mandamus, Building Byelaws

Badal Chatterjee v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2822382