Bulldozer actions still on? Allahabad High Court to examine 5 issues on punitive demolitions in UP

The Allahabad High Court has called out the Uttar Pradesh government for continuing with the punitive demolitions of properties linked to accused persons despite Supreme Court's directions to refrain from taking such actions [Faimuddeen And 2 Others and State of UP and 7 Others] .A Division Bench of Justice Atul Sreedharan and Justice Siddharth Nandan observed that it has come across several cases where demolition notices were issued to occupants of a dwelling immediately after commission of an offence, and the demolitions were carried out soon thereafter."These demolitions have continued, notwithstanding the imprimatur of the Supreme Court in Re: Directions in the Matter of Demolition of Structures (Writ C No. 295 of 2022 – (2025) 5 SCC 1) to the principle that punitive demolition of structures is violative of the separation of powers as the authority to punish vests with the judiciary," the Court said in an order passed on January 21..Considering the violation of Supreme Court guidelines, the Court said it was important to seek answers to certain questions of law."Therefore, bearing in mind the overarching nature of the case spanning the right of the state to demolish a structure and the rights of its occupants under Article 14 and 21, and how these demolitions continue in the State despite the judgement of the Supreme Court mentioned in the preceding paragraph that punitive demolitions of structures shall be prohibited, this Court feels it essential to frame some questions of law having a direct bearing in the present case," the Bench said..The five questions to be addressed by the Court are:(1) Is there non-compliance with the judgement of the Supreme Court in Re: Directions in the Matter of Demolition of Structures (Writ C No. 295 of 2022 – (2025) 5 SCC 1) with specific reference to paragraphs 85 and 86 of that judgement?;(2) Does the authority to demolish, justify the act of demolishing a structure or, is there a duty on the anvil of parens patriae upon the State, not to demolish a dwelling place in the absence of public need/purpose?;(3) Would steps taken in the direction of demolishing a structure immediately following the commission of an offence, be a colourable exercise of executive discretion?, (4) How is the High Court to balance the conflicting interests between the statutory authority of the State to demolish a structure and the fundamental right of the average citizen under article 21 and 14, to prevent it?; and (5) Can "reasonable apprehension" of demolition be a cause of action for a citizen to approach this Court and if 'yes', what is the bare minimum for this Court to hold the existence of such "reasonable apprehension"?.The order was passed on a plea moved by three members of a family who alleged that a mob targeted their house in collusion with the police, immediately after one of their relatives was booked in a case under Protection of Children from Sexual Offences Act (POCSO Act) and UP Prohibition of Unlawful Religious Conversion Act.It was stated that though the petitioners are not accused in the case, soon after the incident, they received a notice in respect of their house, a lodge run by them was sealed and a similar action was taken against a saw mill run by them. The petitioners prayed for judicial intervention to prevent the anticipated destruction of the properties.However, the State opposed the plea and argued that it was premature. Nevertheless, a government counsel assured the Court that no demolition would take place without adhering to the procedure established by law.Considering the submissions, the Court directed that the police to provide protection to the life and property of the petitioners so that they may have free ingress and egress to their properties.The matter will be heard next on February 9..Advocates Shamsuddin Khan, Syed Ahmed Faizan and Zaheer Asghar appeared for the petitioners..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.