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Law correspondent, Prayagraj. Considering public safety as paramount, Allahabad High Court has given an important decision that if a building is in a dilapidated and dangerous condition then tenants cannot become a hindrance in its demolition.
They will have to vacate the building, individual rights will not prevail over the rights of public interest. The court clarified that in such cases the administration has the freedom to take immediate action under statutory rights.
Court gave instructions to Municipal Commissioner, police force should be deployed to maintain law and order during demolition.
This order has been given by the division bench of Justice Neeraj Tiwari and Justice Garima Prasad on the petition of Mukteshwar Mahadev Mukteshwari Durga Dharmarth Seva Samiti Varanasi and others. It is connected to an old building located in English Line of ‘Mukteshwar Mahadev Mukteshwari Durga Dharmarth Seva Samiti’ of Varanasi.
Declared dangerous and notice for demolition was issued
Varanasi Municipal Corporation had declared the building unsafe and dangerous and issued a demolition notice on August 3, 2021, but the action was postponed due to lawsuits filed by the tenants. On August 29, 2025, a portion of the building collapsed, posing a serious threat of loss of life. Regarding this, Mukteshwar Mahadev Mukteshwari Durga Dharmarth Seva Samiti filed a petition in the High Court demanding the demolition of the dilapidated building.
After hearing the parties the division bench said
After hearing the parties, the division bench said that Sections 331 and 334 of the Uttar Pradesh Municipal Corporation Act, 1959 give the Municipal Corporation Commissioner the power to demolish dangerous buildings. Once a building is declared unsafe, it is mandatory for residents to evacuate, otherwise police assistance may be sought. The court also said that the tenancy law provides protection, but it has its limits in front of public safety.
However, residents should be given reasonable opportunity to remove belongings. The court has directed the Municipal Corporation to complete the demolition in two weeks and the police administration to ensure adequate security arrangements.
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