Court Reviews Compliance and Affidavits in Dispute Over Alleged Unauthorized Demolition
In a notable civil contempt case, the Allahabad High Court recently deliberated on allegations of non-compliance with a previous court order concerning the demolition of a property in Varanasi. The case, titled "Javed Alam v. Mr. Himanshu Nagpal, Commissioner of Municipal Corporation," revolves around claims that a demolition was carried out in defiance of court directions to maintain the status quo.
Presiding over the matter, Justice Vikas Budhwar examined the alleged willful defiance of an order dated May 7, 2026, which directed the Municipal Corporation of Varanasi to form a new inspection committee before proceeding with any demolition under Section 331 of the Uttar Pradesh Municipal Corporation Act, 1959.
The applicant, Javed Alam, filed a contempt application asserting that despite objections submitted in June 2026, his property was demolished on June 11, 2026, without due process. The court's original order had mandated the formation of a committee including an independent architect and executive engineers to inspect the site and report their findings before any further action.
During the proceedings, the Municipal Corporation and other involved parties submitted compliance affidavits. The affidavits claimed that the demolition was not executed by the Municipal Corporation but by another department, maintaining that all actions were within legal parameters and public interest considerations.
Justice Budhwar, noting the discrepancies in the affidavits and the applicant's assertions, directed Alam to respond to the filed affidavits. The case is scheduled for further hearing on September 22, 2026, where the court will continue to scrutinize the affidavits and responses to ensure compliance with its prior directive.
The court's decision to maintain the status quo until the resolution of the procedural discrepancies underscores the judiciary's commitment to uphold legal processes and ensure accountability in administrative actions.
Bottom Line :
Contempt of Court - Alleged willful defiance of court order directing the Municipal Commissioner to form a new committee and follow due process under Section 331 of the Uttar Pradesh Municipal Corporation Act, 1959, before initiating demolition proceedings.
Statutory Provision(s): Section 331, Uttar Pradesh Municipal Corporation Act, 1959
