‘No Home Can Be Demolished Without Due Process’: Allahabad HC Stays Demolition of 27 Houses in Bareilly
Allahabad HC Stays Demolition of 27 Houses in Bareilly, Says ‘No Home Can Be Razed Without Due Process’
The Allahabad High Court has halted the proposed demolition of 27 houses in Bareilly’s Shahabad area of Prem Nagar, emphasising that “no home can be demolished without due process of law.” A division bench comprising Justice Ajit Kumar and Justice Satyavir Singh issued the interim protection order, directing civic authorities not to carry out any coercive action until a final decision is made by the competent authority.
⭐ HC: Authorities Must Follow Due Process
The court disposed of the writ petition with clear directions for both residents and officials. According to the order:
- Each petitioner must file an individual reply within four weeks.
- The competent authority must decide the matter within two months, issuing a reasoned, speaking order after giving petitioners a personal hearing.
- Until that decision—or for three months, whichever is earlier—no demolition may take place.
The court also instructed that the order be formally communicated to officials in Bareilly.
⭐ Why the Case Reached Court
Residents approached the court after receiving demolition notices dated October 9, declaring their homes “illegal” and directing them to remove the structures within 15 days.
The petitioners argued that the Bareilly Municipal Corporation (BMC) had been collecting taxes for years, which, in their view, contradicted the claim that the homes were unauthorised constructions.
⭐ Officials Say They Awaited Formal Communication
Although the High Court issued its stay order on November 13, civic authorities stated that they received the official copy later through prescribed channels. According to officials, no demolition activity proceeded during this period.
Municipal representatives said residents submitted requests to halt the action after receiving the court order in early December.
⭐ Background: Notices Issued After Earlier Tensions
In October, BMC issued notices alleging that the 27 houses were constructed on municipal land without authorisation. The notices also mentioned that FIRs and recovery of demolition costs could follow if the structures were not removed.
The move came after tensions reported in late September near Islamia Grounds during protests connected to a local dispute. Authorities initiated checks on alleged illegal structures as part of compliance and enforcement measures in the area.
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