Court Issues Directions to Uphold Fundamental Rights, Protecting Citizens from Arbitrary State Actions
In a landmark judgment, the Allahabad High Court has underscored the sanctity of fundamental rights by condemning the demolition of homes without adhering to due process, as guaranteed under Articles 14 and 21 of the Indian Constitution. The court, represented by Justices Atul Sreedharan and Siddharth Nandan, delivered its verdict on July 20, 2026, in the case of Faimuddeen and others versus the State of Uttar Pradesh and others, highlighting the unlawful nature of punitive demolitions following the registration of FIRs against accused individuals.
The case, which involved the petitioners Faimuddeen and his family, addressed the State's actions following the registration of a criminal case against a relative. The court noted that the demolition notices were issued immediately after the FIR, raising a presumption of mala fide intentions. The court emphasized that such actions by the State amounted to a retributive exercise of executive discretion, which is contrary to the principles of justice and fairness.
The judgment reiterated that the right to shelter is an integral part of the right to life and livelihood. The court directed compliance with Supreme Court judgments, including the recent "bulldozer case," which mandates a fair and reasonable process before any demolition. It was emphasized that demolitions should not be punitive and that structures cannot be arbitrarily targeted under the guise of removing illegal encroachments.
Furthermore, the court issued additional directions, including the requirement of a one-year notice for occupants residing in illegal structures for three years or more before initiating demolition proceedings, except in cases of compelling public need. It also mandated simultaneous disciplinary action against erring officers to uphold the rule of law and prevent selective enforcement of municipal laws.
The court's ruling is a significant step in safeguarding the fundamental rights of citizens, ensuring that State actions align with constitutional mandates and do not infringe upon the rights to life, livelihood, and shelter.
Bottom Line:
Demolition of dwelling places of accused persons without adhering to due process of law violates Articles 14 and 21 of the Constitution and amounts to retributive exercise of executive discretion. Directions issued for compliance with Supreme Court judgments, ensuring fairness and protection of fundamental rights.
Statutory provision(s):
Articles 14, 21, and 300A of the Constitution of India; Bharatiya Nyaya Sanhita; Bharatiya Nagarik Suraksha Sanhita; Bharatiya Sakshya Adhiniyam; Municipal Laws; Supreme Court judgments on demolition; Prevention of Corruption Act, 1988.
Faimuddeen v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2943754
