Stating that public safety is more important than rights of tenants, the Allahabad High Court Friday issued an order to demolish a residential building in Varanasi which was in a ruinous condition.
A bench of Justices Neeraj Tiwari and Garima Prashad directed the Varanasi Municipal Corporation to demolish the building within two weeks from Friday.
The bench observed in its order, “This court takes note of the settled legal position that public safety overrides tenancy rights. A tenant’s right to occupy premises under the UP Regulation of Urban Premises Tenancy Act, 2021, cannot be invoked to compel continued residence in a structure declared dangerous, nor can such right be used to expose occupants or the public to risk of life. Once a building is found unfit for human habitation, municipal authorities are legally empowered to proceed with demolition, and tenants cannot obstruct such statutory action.”
Owner vs tenant
The owner of the building, Mukteshwar Mahadev Mukteshwari Durga Dharmarth Seva Samiti, had filed the petition in the HC following a long delay — five years — in demolition of the building as tenants were not vacating the premises.
The Samiti, in the petition, stated that the building, in Varanasi’s Inglishia Line, is in a highly dilapidated condition and poses imminent danger to passersby as well as to people living in the building and its neighbourhood.
The municipal corporation had served and displayed a notice at the building in August 2021 for demolition of the unsafe structure, alerting tenants to vacate the premises.
The petition also said even the police report submitted to the Municipal Commissioner confirmed that the building has become dilapidated and required demolition.
Story continues below this ad
Despite this, it said no effective action was taken and a portion of the building collapsed in August last year disrupting traffic and posing serious risk to public safety.
The government counsel submitted in court that a portion of the building was demolished by the Samiti after the notice served. However, certain tenants continue to live in the remaining portion, which has not been repaired.
The counsel further submitted that a tenant filed a suit in court against the owner and that proceedings are still pending — a fact allegedly concealed by the petitioner.
On the other hand, the petitioner’s counsel refuted the government counsel and submitted that no tenants had obtained any stay against demolition or dispossession from any court. The counsel also said no proceedings have been initiated challenging the demolition notice (dated 03.08.2021).
Story continues below this ad
However, the government counsel contended that while the UP Regulation of Tenancy Act, 2021, protects tenant rights, such protection cannot override statutory powers under Section 331 of the Act of 1959 when a structure is found to be ruinous and dangerous to human life.
Can’t use tenancy rights to delay demolition: Court
After submissions from both sides, the bench observed, “Upon issuance of such notice, every person in occupation is statutorily bound to vacate the premises and continued occupation is prohibited unless the notice is withdrawn. The provision also authorises removal of occupants through police assistance in case of non-compliance.”
The court further observed that in view of the facts and circumstances, “this court is satisfied that the building in question is in ruinous condition and deserves to be demolished without waiting for the dispute with the tenants to be resolved”.
Whatever rights they may have under provisions of the Tenancy Act will always be available to them and it cannot be held as a ground to further delay the demolition, the court observed.
Story continues below this ad
“It is held that the rights of the tenants in such an exigency will have to be dealt with under the Tenancy Act, 2021. The tenants, however, will not be entitled to object to the expeditious demolition of the tenanted building, particularly when authorities have inspected the said premises and found the requirement of its demolition as imperative. The applicable scheme under the Act, 1959, for protection of life of individuals on account of the 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,” it said.
In its order, the court directed the municipal corporation “… to demolish the building within two weeks from today, duly notifying the date and time of demolition.” The government was directed to provide necessary police force during the demolition to ensure safety, security as well as maintenance of law and order, the order stated.
