# Ashok Kumar Gupta v. State of U.P. & Ors. Opp. Parties

- **Citation:** (2025) 7 ILRA 872
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-07-03
- **Case number:** Writ-C No. 6490 of 2025
- **Bench:** Ashwani Kumar Mishra, Jayant Banerji
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ashok-kumar-gupta-v-state-of-u-p-ors-opp-parties-53661
- **Pages:** 6

## Headnote

C.S.C., Sri Pushpendra Kumar, Sri Ramdhan, Sri
Vibhanshu Vaibhav

Issue for Consideration
 The primary issue is whether the authorities
should be directed to provide police force and
proceed with the demolition of a dilapidated
building, despite resistance from the occupants
(alleged tenants) to safeguard life and property.

Headnotes
Civil
matter-U.P.
Municipal
Corporation
Act,1959-Section 331-Ruinous and Dangerous
Buildings-Demolition-
U.P.
Regualtion
of
Uraban Premises Tenancy Act,2021-Conflict of
Statutes-Public Safety Vs. Tenancy Rights-The
tenants' right to object or resist the demolition
on the basis of their tenancy protection under
Act,2021 is subordinate to the municipal
authorities duty to prevent danger-Imminent
demolition is imperative u/s 331 of the
Act,1959 to ensure the protection of life of
individuals-directions issued.

Held
Petitioner sought a direction to the District Magistrate
and Senior Superintendent of Police, Aligarh to
provide necessary police force to the Nagar Nigam,
Aligarh, to execute a demolition notice dated October
1, 2024 issued u/s 331(1) of the Act,1959-The notice
pertains to the demolition of a nearly 100-year old,
dilapidated structure known as 'Rama Devi Building'-
The Nagar Nigam's efforts to execute the demolition
were thwarted by "massive protest" and resistance
from 44 alleged tenants and their family membersThe court held that the scheme under the Act,1959
for the protection of life from a dilapidated building
posing a threat, must be given primacy over the
tenancy rights-The action of demolition is to be
undertaken strictly in accordance with law preferably
within two months.(Para 10 to 20) (E-6)

List of Acts
U.P. Municipal Corporation Act,1959, Tenancy
Act,2021

List of Keywords
Nagar
Nigam;
U.P.
Municipal
Corporation
Act,1959;premises; Rama Devi Building; Municipal
Commissioner; Tenancy Act,2021,Rent Authority;
tenant; demolition; eviction; dilapidated tenanted
premises

Case Arising From

CIVIL JURISDICTION: WRIT-C No. - 6490 of 2025
From the Judgment and Order dated 03.07.2025 of
the High Court of Judicature at Allahabad.

Ashok Kumar Gupta Vs. State of U.P. & 3
Ors

Appearances for Parties
Advs. for Petitioner:
Dhananjai Rai, Vibhu Rai
Advs. for Respondent:

 C.S.C.,
Pushpendra
Kumar,
Ramdhan
,
Vibhanshu Vaibhav

## Text

872 INDIAN LAW REPORTS ALLAHABAD SERIES
rectifying
the
legislative
or
executive lapses, if any.
----------
(2025) 7 ILRA 872
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 03.07.2025

BEFORE

THE HON'BLE ASHWANI KUMAR MISHRA, J.
THE HON'BLE JAYANT BANERJI, J.

Writ-C No. 6490 of 2025

Ashok Kumar Gupta ...Petitioner
Versus
State of U.P. & Ors. ...Opp. Parties

Counsel for the Petitioner:
Sri Dhananjai Rai, Sri Vibhu Rai

Counsel for the Opp. Parties:
C.S.C., Sri Pushpendra Kumar, Sri Ramdhan, Sri
Vibhanshu Vaibhav

Issue for Consideration
 The primary issue is whether the authorities
should be directed to provide police force and
proceed with the demolition of a dilapidated
building, despite resistance from the occupants
(alleged tenants) to safeguard life and property.

Headnotes
Civil
matter-U.P.
Municipal
Corporation
Act,1959-Section 331-Ruinous and Dangerous
Buildings-Demolition-
U.P.
Regualtion
of
Uraban Premises Tenancy Act,2021-Conflict of
Statutes-Public Safety Vs. Tenancy Rights-The
tenants' right to object or resist the demolition
on the basis of their tenancy protection under
Act,2021 is subordinate to the municipal
authorities duty to prevent danger-Imminent
demolition is imperative u/s 331 of the
Act,1959 to ensure the protection of life of
individuals-directions issued.

Held
Petitioner sought a direction to the District Magistrate
and Senior Superintendent of Police, Aligarh to
provide necessary police force to the Nagar Nigam,
Aligarh, to execute a demolition notice dated October
1, 2024 issued u/s 331(1) of the Act,1959-The notice
pertains to the demolition of a nearly 100-year old,
dilapidated structure known as 'Rama Devi Building'-
The Nagar Nigam's efforts to execute the demolition
were thwarted by "massive protest" and resistance
from 44 alleged tenants and their family membersThe court held that the scheme under the Act,1959
for the protection of life from a dilapidated building
posing a threat, must be given primacy over the
tenancy rights-The action of demolition is to be
undertaken strictly in accordance with law preferably
within two months.(Para 10 to 20) (E-6)

List of Acts
U.P. Municipal Corporation Act,1959, Tenancy
Act,2021

List of Keywords
Nagar
Nigam;
U.P.
Municipal
Corporation
Act,1959;premises; Rama Devi Building; Municipal
Commissioner; Tenancy Act,2021,Rent Authority;
tenant; demolition; eviction; dilapidated tenanted
premises

Case Arising From

CIVIL JURISDICTION: WRIT-C No. - 6490 of 2025
From the Judgment and Order dated 03.07.2025 of
the High Court of Judicature at Allahabad.

Ashok Kumar Gupta Vs. State of U.P. & 3
Ors

Appearances for Parties
Advs. for Petitioner:
Dhananjai Rai, Vibhu Rai
Advs. for Respondent:

 C.S.C.,
Pushpendra
Kumar,
Ramdhan
,
Vibhanshu Vaibhav

(Delivered by Hon'ble Ashwani Kumar
Mishra, J.
&
 Hon'ble Jayant Banerji, J.)

1. Heard learned counsel for the
petitioner, learned Standing Counsel for the
State-respondents
and
Shri Vibhanshu
Vaibhav, learned counsel representing the
Nagar Nigam, Aligarh as well as the
7 All. Ashok Kumar Gupta Vs. State of U.P. & Ors.
873
learned counsel for the applicants seeking
impleadment of the intervenors.

2. This writ petition has been filed
with a prayer to issue an appropriate
direction to the District Magistrate, Aligarh
and Senior Superintendent of Police,
Aligarh to provide necessary police force to
the
petitioner
to
get
the
building
demolished in compliance of the notice
issued by Nagar Nigam, Aligarh dated
1.10.2024 under Section 331(1) of the U.P.
Municipal Corporation Act, 19591. The
petitioner has made further prayer to
command the officials of the Nagar Nigam
and District Administration to get the
building demolished, bearing Municipal
No.2/206 at Sudama Puri, Ram Ghat Road,
Aligarh, which is popularly known as
'Rama Devi Building'.

3. The petitioner claims to be the
owner of the premises in question. In
paragraph 6 of the writ petition, it is
claimed that the building is nearly 100
years old and is in dilapidated condition.
According to petitioner, the building in
question
is
such
that
neither
its
maintenance is possible nor is it possible to
be repaired inasmuch as any attempt at its
renovation might result in collapse of the
building itself. In paragraph 10 of the writ
petition, it is claimed that on being apprised
by one Mahesh Chandra Saxena, certain
reports were called for by the authorities of
Nagar Nigam, Alligarh. The building was
inspected by the officials of the Nagar
Nigam and it was found that the structures
are in dilapidated stage and will require
demolition. The authorities are said to have
found the building such that its collapse is
quite imminent which may result in loss of
life and property.

4. Records of the writ petition reveal
that various proceedings were undertaken
for the building to be demolished, but no
action was taken. Taking cognizance of the
grievance raised in the present petition, this
Court passed the following order dated
29.5.2025 :-

"In the present petition, it has
been stated that despite an order under
Section 331(3) and despite the inability of
the petitioner who claims himself to be the
power of attorney holder of the original
owner of the property to demolish the
building, no steps have been taken by the
Municipal Commissioner and the Nagar
Nigam, Aligarh to execute the notice issued
under Section 331 of the Uttar Pradesh
Municipal Corporation Act, 1959.

The Municipal Commissioner,
Nagar Nigam, Aligarh shall file his
personal affidavit on the next date fixed in
which he shall give the details of the facts
and materials which persuaded the Nagar
Nigam to issue notice under Section 331 of
the Act, 1959 and further the circumstances
which prevented the Nigam from ensuring
the execution of notice. The Municipal
Commissioner, Nagar Nigam, Aligarh shall
also be personally present in the Court on
the next date fixed.

Put up again as fresh on 3rd July,
2025.

The
impleadment
application
filed by the occupiers of the building shall
be considered on the next date.

It is clarified that till the next
date, no action shall be taken either by the
Nagar Nigam or the petitioner or any other
person in pursuance to the notice issued
under Section 331.

A copy of this order shall be sent
to the Municipal Commissioner, Nagar
Nigam,
Aligarh
by
the
Registrar
(Compliance) within 24 hours."
874 INDIAN LAW REPORTS ALLAHABAD SERIES

5. Pursuant to the aforesaid order,
Shri Vibhanshu Vaibhav representing the
Nagar Nigam, Aligarh has filed a personal
affidavit
of
Municipal
Commissioner,
Nagar Nigam, Aligarh. The Municipal
Commissioner is also present before us.

6. The Municipal Commissioner, in
his personal affidavit, has clearly stated that
attempts were made to demolish the
dilapidated building but on account of
various resistance made by 44 alleged
tenants and their family members, the
demolition could not be carried out. Stand
of the Municipal Commissioner as is
contained in paragraphs 9 to 11 of the
affidavit reads as under :-

"9. That with profound respect, it
is also noteworthy to mention here that in
furtherance of the Notice dated 01-102024, the Superintendent of Police (City)
have sent a letter no. st-spcity-06/2025
dated
18-05-2025
to
the
Additional
Municipal Commissioner, Nagar Nigam,
Aligarh stating therein to depute the
competent official to be present on the spot
in question at the time of further
proceeding. In that regard, the Additional
Municipal Commissioner, Nagar Nigam,
Aligarh
through
his
letter
no.
37/s.t./na.ni.ali/2025-26 dated 19-05-2025
have deputed one Sri Shiftey Haider,
Assistant Engineer (Civil) to be present on
the spot in question for the purpose of
further proceedings in furtherance of the
notice
dated
01-10-2024.
For
ready
reference to this Hon'ble Court, a correct
copy of the letter no. st-spcity-06/2025
dated
18-05-2025
sent
by
the
Superintendent of Police (City) to the
Additional
Municipal
Commissioner,
Nagar Nigam, Aligarh and letter no.
37/s.t./na.ni.ali/2025-26 dated 19-05-2025
issued
by
the
Additional
Municipal
Commissioner, Nagar Nigam, Aligarh to
Sri Shiftey Haider, Assistant Engineer
(Civil), Nagar Nigam, Aligarh are being
filed herewith collectively and marked as
Annexure No. 5 to this affidavit.

10. That it is highly significant to
mention here that in furtherance of the
Notice dated 01-10-2024, the Assistant
Engineer and Junior Engineer, Nagar
Nigam, Aligarh proceeded in the matter and
went to the spot in question on 28-05-2025
but there was massive protest raised by the
44 tenants and their family members
resulting which, the violent and intense
situation have been created. It is also
intimated by the officials of the Nagar
Nigam to the tenants to pull down the
dilapidated structure of the building by
their own otherwise the Nagar Nigam of
their own resources would demolish the
said building. In that regard, a departmental
report
dated
28-05-2025
has
been
submitted. It is humbly submitted that
another
notice
no.
3598/ni.vi./na.ni.ali./2024-25 dated 28-052025 have been issued mentioning therein
with direction to the tenants to demolish or
renovate the dilapidated structure which is
shown as orange colour in the map
appended with the notice but the tenants
have refused to accept the said notice. It is
further submitted that on account of the
massive and huge protest by the tenants and
their family members, the officials of the
Nagar
Nigam
was
also
unable
to
affixed/chaspa the said notice upon the said
building. For ready reference to this
Hon'ble Court, a correct copy of the report
dated
28-05-2025
submitted
by
the
Assistant Engineer and Junior Engineer,
Nagar Nigam, Aligarh and the notice no.
3598/ni.vi./na.ni.ali./2024-25 dated 28-052025 issued by the Nagar Nigam, Aligarh
are being filed herewith collectively and
marked as Annexure No. 6 to this affidavit.
7 All. Ashok Kumar Gupta Vs. State of U.P. & Ors.
875

11. That bare perusal of the
aforesaid facts and circumstances, it is
respectfully submitted that despite of
adequate efforts by district administration,
police department and nagar nigam in as
much as the massive protest raised by the
44 tenants and their family members of the
said building, the answering respondent
could not be able to proceed in the matter
effectively which prevented the nagar
nigam from ensuring the execution of the
notice
dated
01-10-2024.
For
ready
reference to this Hon'ble Court, a correct
copies of the cutting of newspapers
reflecting the massive protest raised by the
44 tenants and their family members of the
said building is being filed herewith and
marked as Annexure No. 7 to this
affidavit."

7. The Municipal Commissioner has
also informed the Court that he himself has
inspected the premises in question and
found the said building to be in dilapidated
condition. The Municipal Commissioner
has also expressed serious apprehension
with regard to possible loss of life in the
event any unfortunate incident occurs
during the upcoming mansoon season. He
has also stated that the authorities of Nagar
Nigam are conscious of their obligation
under the Act, 1959 and are making all
endeavours to ensure that the building is
demolished so that life and property of
residents
and
nearby
persons
is
safeguarded.

8. During course of hearing of the
present matter, Shri Pushpendra Kumar and
Shri Ram Dhan, Advocates, appeared on
behalf
of
23
persons
alongwith
an
application for their impleadment. Learned
counsel
representing
the
proposed
applicants contended that these tenants are
in occupation on part of the premises since
long and that their interest be protected.
The Court had called upon the counsel for
the applicants, who have moved the
application, to apprise the Court as to what
rights would be available to the tenants in
such
eventuality
where
the
tenanted
premises is found to be in dilapidated
condition and requires demolition.

9. In order to enable the learned
counsel to apprise the Court of the
aforesaid query, we deferred the matter for
some time.

10. We have examined the provisions
of the U.P. Regulation of Urban Premises
Tenancy Act, 20212 so as to ensure that the
right available to a tenant under the
statutory scheme is clearly protected.

11. Our attention has been invited to
Chapter V of the Tenancy Act, 2021, which
contains provisions relating to protection of
tenant against eviction. Section 21(1) of the
Tenancy Act, 2021 confers protection upon
a tenant in the manner provided in the
Statute itself. Sub-section (2) of Section 21
permits the Rent Authority to make an
order of eviction where the tenanted
premises requires demolition. Sub-section
(2)(e) of Section 21 reads as under :-

"21.
Protection
of
tenant
against eviction-

(1) ................

(2) The Rent Authority may, on
an application made to it by the landlord in
such manner as may be prescribed, make
an order for eviction and recovery of
possession of the premises on one or more
of the following grounds, namely:-

(a) ...................

(b) ...................

(c) ....................

(d) .....................
876 INDIAN LAW REPORTS ALLAHABAD SERIES

(e) where it is necessary for the
landlord to carry out any repair or
construction or rebuilding or addition or
alteration or demolition in respect of the
premises or any part thereof, which is not
possible to be carried out without the
premises being vacated:

Provided that after such repair,
construction,
rebuilding,
addition
or
alteration, the tenant may be allowed to
reoccupy the premises only when it has
been mutually agreed to between the
landlord and the tenant and a new tenancy
agreement has been submitted with the
Rent Authority:

Provided further that the tenant
shall not be allowed to reoccupy the
premises,-

(i) in the absence of submission
of such mutual tenancy agreement with the
Rent Authority; and

(ii) in cases where the tenant has
been evicted under the orders of a Rent
Authority.

................

................"

12. Section 4 of the Tenancy Act,
2021 provides for tenancy agreement. It
also deals with tenancy created before the
commencement of the Tenancy Act, 2021.

13. Having examined the statutory
scheme, we find that any tenant who is
entitled to protection under the provisions
of the Tenancy Act, 2021 would be at
liberty to make appropriate application
before the Rent Authority which may then
pass appropriate orders in accordance with
law. The right which is available to a tenant
in respect of dilapidated building, however,
will have to be enforced subject to the
provisions of Section 331 of the Act, 1959
which deal with a special exigency where
the tenanted building requires imminent
demolition for protection of life of
individuals. Sections 331(1) and 331(3) of
the Act, 1959 are as under:-

(1) If it shall at any time appear to
the Municipal Commissioner that any
structure (including under this expression
any building wall, parapet, pavement, floor
steps, railing, door or window frames or
shutters or roof, or other structure and
anything affixed to or projecting from or
resting on, any building, wall, parapet or
other structure) is in a ruinous condition or
likely to fall, or in any way dangerous to
any person occupying, resorting to or
passing by such structure or any other
structure or place in the neighborhood
thereof, the Municipal Commissioner may,
by written notice, require the owner or
occupier of such structure to pull down,
secure, remove or repair, such structure or
thing or do one or more of such things and
to prevent all cause of danger therefrom.

(2) ............

(3) If it appears to the Municipal
Commissioner that the danger from a
structure which is ruinous or about to fall is
imminent he may, before giving notice as
aforesaid or before the period of notice
expires, fence off, take down, secure or
repair the said structure or take such steps
or cause such work to be executed as may
be required to arrest the danger."

14. n the facts of the present case,
materials on record clearly reveal urgent
requirement of demolition of the tenanted
premises, which is in dilapidated condition.
The authorities of Nagar Nigam, Aligarh
have proceeded to act in furtherance of the
Statute but requisite action of demolition
has so far not been undertaken only
because of resistance by the tenants of the
premises in question. Although 44 persons
claim to be tenants of the premises in
7 All. Suresh Chandra Singh Negi & Anr. Vs. Bank of Baroda & Ors.
877
question but their status as tenants is
otherwise disputed. We are, however, not
inclined to dwell upon this aspect of the
matter as the question with regard to the
determination of tenancy of individuals
would be gone into by the Rent Authority
in accordance with the applicable Statute.

15. At this juncture, we may only
observe 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 the 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 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.

16. In such circumstances, we are of
the view that the authorities of Nagar
Nigam, Aligarh would be required to
demolish the dilapidated tenanted premises
in question, in accordance with law. Such
action/exercise of the Nagar Nigam cannot
be resisted by the tenants by making
protests etc. The Nagar Nigam shall
provide a reasonable opportunity to such
occupants to remove their belongings.

17. 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.
Such
action
would
be
undertaken strictly in accordance with law.
We also provide that the demolition of the
structure would in no way affect the rights
of the tenants as are available to them
under the Tenancy Act, 2021. The requisite
action in terms of the notice/Act, 1959
would be undertaken at the earliest,
preferably within two months from today.

18. We expect the tenants occupying
the premises in question to be alive to the
concern of protection of life of individuals
due to imminent collapse of the building
and not to create any resistance/objection in
demolition of the building.

19. The appearance of the Municipal
Commissioner, Nagar Nigam, Aligarh is
dispensed with.

20.

With
the
aforesaid
observations/directions, this writ petition is
disposed of.
----------
(2025) 7 ILRA 877
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 17.07.2025

BEFORE

THE HON'BLE SHEKHAR B. SARAF, J.
THE HON'BLE PRAVEEN KUMAR GIRI, J.

Writ-C No. 24192 of 2022

Suresh Chandra Singh Negi & Anr.
 ...Petitioners
Versus
Bank of Baroda & Ors. ...Opp. Parties

Counsel for the Petitioners:
Mr. Aniket Gupta, Mr. Prem Chandra

Counsel for the Opp. Parties:
Mr. Namit Srivastava

Issue for consideration