Court holds that once demolition under Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973 was shown as completed in official records, the authority could not revive the same proceedings after years; if any structure still remains, fresh notice and hearing are mandatory.
The Allahabad High Court has partly allowed a writ petition and quashed a fresh demolition order issued by the Lucknow Development Authority (LDA), holding that once demolition proceedings under Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973 had been completed and recorded as such, the authority could not again proceed on the basis of the same old order after a gap of six years.
A Division Bench of Justice Alok Mathur and Justice Amitabh Kumar Rai delivered the judgment in the case of Aariphul Hasan v. State of U.P. and Others. The court noted that the LDA’s own record showed that a demolition order dated 13 January 2020 had been complied with on 2 July 2020 by the enforcement team, in the presence of police and LDA officials. The court observed that there was no indication in the report that the demolition was only partial or that the order remained unexecuted.
The petitioner argued that once the demolition order had been carried out, nothing survived for the LDA to take fresh coercive action on the basis of the same proceedings after six years. The LDA, however, contended that although the records reflected compliance, the full demolition had not actually been carried out and that fresh proceedings were justified after the petitioner’s appeal was dismissed in May 2026.
Rejecting the attempt to revive the old proceedings in the manner adopted by the authority, the court held that if demolition had in fact been completed, then no further action could survive under the same order. The Bench also observed that if the authority believed some illegal construction still remained, it could not keep the matter pending indefinitely and later resume demolition without due process. In such a situation, the authority must issue a fresh notice, hear the affected party, and pass a lawful order before taking coercive action.
The court further said that the pendency of an appeal was no justification for the delay in executing the demolition order, especially when no restraint order was operating against the LDA. It remarked that the “sword of Democles” could not be kept hanging over a person’s head for an unreasonable length of time and that demolition orders must be executed promptly and fully.
Significantly, the Bench also issued an administrative direction to the Principal Secretary/Additional Chief Secretary, Housing and Urban Planning Department, Government of Uttar Pradesh, asking that all development authorities be instructed to ensure that after any demolition, the enforcement team submits a detailed compliance report along with a certificate confirming that the order under Section 27 has been fully complied with. The court said such a mechanism would help prevent selective or incomplete demolition and may require suitable amendments in the rules if necessary.
In the end, the High Court quashed the impugned order dated 6 May 2026 and clarified that no further coercive action could be taken against the petitioner unless the competent authority first passed a fresh order after giving notice and an opportunity of hearing. The petitioner was also permitted to apply for de-sealing of the premises, which the respondents must decide in accordance with law within ten days.
Bottom Line:
Uttar Pradesh Urban Planning and Development Act, 1973 - Once demolition proceedings under Section 27 have been completed and demolition is shown in official record to have been carried out, fresh demolition on the basis of the same proceedings after six years is impermissible - If any portion still remains undemolished, authority must proceed afresh by issuing notice and granting opportunity of hearing - Impugned fresh demolition order quashed.
Statutory provision(s): Section 27, Uttar Pradesh Urban Planning and Development Act, 1973
Aariphul Hasan v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc Id # 2984631
