Big decision of Allahabad High Court, tenants cannot stop demolition of dilapidated building, public safety is paramount.

Bureau Prayagraj- Giving priority to public safety, the Allahabad High Court has made it clear that if a building is found to be in a dilapidated and dangerous condition then the tenants cannot become an obstacle in its demolition. In such circumstances it will be mandatory for them to vacate the building.

The division bench said that individual rights cannot prevail over public interest and the right to public safety. If the building poses a threat to the life of the general public, the administration has the freedom to take immediate action under statutory rights. This order was passed by the division bench of Justice Neeraj Tiwari and Justice Garima Prasad on the petition of Mukteshwar Mahadev Mukteshwari Durga Dharmarth Seva Samiti Varanasi and others.

Main points of order
Public safety is the highest standard in dilapidated and dangerous building conditions
Tenants cannot become a hindrance in the demolition process
Administration has the right to take prompt action under the law
Preference for public interest in case of individual rights versus public interest
This decision clearly strengthens the principle of public safety. The court has given the message that if there is a possibility of loss of life from any structure then the action of the administration has legal protection.

However, in every case the process of declaring it dilapidated should be transparent and based on technical examination. It is mandatory for the administrative decision to be based on engineering report and statutory notice, otherwise a situation of dispute may arise. The fact is that public safety is a constitutional obligation. The court has applied the same principle.