Allahabad HC stays further demolition of SP leaders banquet hall; orders status quo
LUCKNOW: The Allahabad High Court came to the rescue of a Samajwadi Party leader who owns a banquet hall - Aiwane-e-Farhat - in Bareilly by restraining the Bareilly Development Authority (BDA) from carrying out any further demolition of the residential structure and marriage hall. A division bench comprising Justice Mahesh Chandra Tripathi and Justice Kunal Ravi Singh directed the parties, on Wednesday, to maintain the status quo and granted liberty to the petitioners to approach the Vice-Chairman of the BDA with applications for the regularisation and compounding of the unauthorised construction. The order came almost a week after the Supreme Court declined to entertain a writ petition filed under Article 32 by SP leader Sarfaraz Wali Khan and his wife Farhat Jahan but granted them liberty to approach the jurisdictional High Court. On December 4, the Apex Court, while disposing of the petition, noted that the demolition exercise has already begun and that partial demolition had been carried out. However, the Supreme Court had granted interim protection for one week, directing that parties maintain the status quo till December 10, 2025. When the matter was presented before the High Court, Senior Advocate Shashi Nandan, appearing for the petitioners, argued that the demolition action was being taken under the guise of an alleged order (dated October 12, 2011) that was never served upon the petitioners. The petitioners alleged that the authorities concerned proceeded directly with demolition without giving any prior notice or following the procedure prescribed under the Uttar Pradesh Urban Planning and Development Act, 1973. The petitioners expressed their willingness to resort to remedies available under the 1973 Act, as they submitted that the specific constructions were compoundable. On the other hand, Senior Advocate Ashok Mehta, representing the BDA, opposed the petition, alleging that the petitioners had concealed material facts. It was submitted that notices were issued under Section 27(1) of the 1973 Act as early as 2011 regarding the construction of a Marriage Hall (Barat Ghar) without a sanctioned map. It was pointed out that despite being afforded several opportunities between May and October 2011, the petitioners failed to appear or furnish evidence. Consequently, a demolition order was passed on October 12, 2011. The BDA further argued that, in 2018, petitioner no. 2 admitted to operating the marriage hall Aiwan-e-Farhat but claimed that the structure was old and had been purchased under a sale deed dated 1991. The Authority contended that despite this, no map was ever submitted for approval, nor was any compounding application filed. After hearing both sides, the High Court observed that it was not inclined to adjudicate the matter on the merits at this stage, given the disputed questions of fact which cannot be examined in writ jurisdiction. However, to ensure the ends of justice, the Court accorded liberty to the petitioners to move appropriate applications under Sections 14 and 15 of the 1973 Act, along with an application for compounding such portion of the construction as may be permissible under the Rules. Setting a strict deadline, the bench asked the petitioners to file such applications before the Vice-Chairman of the Bareilly Development Authority within two weeks. The Court, at the same time, directed the BDA Vice-Chairman to process those applications strictly in accordance with law and dispose of them within a further period of six weeks from the date of filing. In order to secure the property during the interim period, the High Court directed all parties to maintain status quo with respect to the property in question, and no further demolition shall be carried out until the disposal of the applications. The petitioners were also restrained from carrying out any further construction or alteration on the site.
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