Justice Ashwani Kumar Mishra and Justice Jayant Banerji, Allahabad High Court
Protection Of Life Under Municipal Act To Take Primacy Over Tenancy Rights In Dilapidated Buildings: Allahabad High Court
|The High Court ruled that when a building is found unsafe and poses imminent danger to life, the statutory mandate under the U.P. Municipal Corporation Act, 1959, prevails over the protections available to tenants under the Tenancy Act, 2021.
The Allahabad High Court has ruled that the scheme under the U.P. Municipal Corporation Act, 1959, which empowers authorities to demolish unsafe and dilapidated buildings, must take precedence over tenancy protections in situations where life and safety are at risk.
The Court was hearing a writ petition filed by the owner of an old property in Aligarh, seeking enforcement of a demolition notice issued under Section 331 of the 1959 Act after the structure was found to be in a ruinous condition.
A Division Bench comprising Justice Ashwani Kumar Mishra and Justice Jayant Banerji held, “The applicable scheme under the Act, 1959, for protection of life of individuals on account of building being dilapidated and posing threat to life of individuals will have to be given primacy over the protection of tenancy rights of individual applicants.”
Advocate Dhananjai Rai appeared for the petitioner. The respondents were represented by Advocate Pushpendra Kuma and Advocate Vibhanshu Vaibhav.
Background
The dispute revolved around a century-old property, which, following inspection by the Nagar Nigam, Aligarh, was declared unsafe, and a demolition notice was issued under Section 331 of the 1959 Act. The Municipal Commissioner confirmed the building’s precarious condition, warning of serious risk to life and property if urgent demolition was not undertaken.
Despite the notice, demolition was delayed owing to resistance by around 44 tenants who claimed tenancy rights. The occupants sought protection under the U.P. Regulation of Urban Premises Tenancy Act, 2021, contending that their rights as tenants should be safeguarded.
Court’s Observations
The High Court tested the provisions of the Tenancy Act, 2021, which safeguard tenants from eviction but also provide for removal in cases where the premises require demolition or major repair. The Bench clarified that tenants may pursue remedies under the 2021 Act, but cannot obstruct demolition mandated under the 1959 Act when the building is found unsafe.
The Bench underscored that preservation of human life is the paramount consideration. It ruled that tenancy rights, though recognised under law, must yield to the statutory scheme ensuring safety against hazardous structures.
The judgment stated that the authorities were empowered and obligated to proceed with demolition expeditiously, and resistance on the basis of tenancy rights could not be entertained. The Court also directed the municipal authorities to provide occupants a reasonable opportunity to remove their belongings before demolition.
Ordering the demolition to be executed within 2 months from the date of receipt of the order, the court emphasised that “We, in such circumstances, deem it appropriate to direct the District Magistrate, Aligarh as well as Senior Superintendent of Police, Aligarh to provide requisite police force on the request of Nagar Nigam, Aligarh so that the dilapidated structure in question be demolished.”
Conclusion
Accordingly, the Court directed the Nagar Nigam to undertake demolition of the unsafe building, with police assistance to ensure smooth execution. Simultaneously, the Bench clarified that tenants are free to assert their rights under the Tenancy Act, 2021, before the competent authority, but such rights cannot override the statutory mandate prioritising safety under the Municipal Act.
Cause Title: Ashok Kumar Gupta v. State of U.P. & Ors. (Neutral Citation: 2025:AHC:103497-DB)
Appearances
Petitioner: Advocates Dhananjai Rai and Vibhu Rai
Respondents: Advocate Pushpendra Kumar, Advocate Ramdhan & Advocate Vibhanshu Vaibhav