Uttar Pradesh roles out new rules for demolishing unauthorised constructions

The state of Uttar Pradesh has formulated a set of procedures for all agencies concerned to follow before taking up the demolition of unauthorised constructions in their respective areas. The agencies have been told to take steps for serving notices, granting opportunity for personal hearing, etc., before passing a final order on carrying out demolition.

The latest directions were issued by the state urban development department to all local bodies on January 27 for compliance, and before that, an order was also issued by chief secretary Manoj Kumar Singh on January 15, to ensure compliance with different directions/orders issued by the Supreme Court.

The communication sent to the agencies stated that no demolition should be carried out without a prior show cause notice being issued to the affected party and agencies must wait for 15 days from the date of receipt of notice to order a demolition.

“We further direct that if the statute provides for an appellate opportunity and time for filing the same, or even if it does not do so, the order will not be implemented for a period of 15 days from the date of receipt thereof… An opportunity should be given to the owner/occupier to remove the unauthorised construction or demolish the same within a period of 15 days..,” the order said.

To prevent allegations that such notices are often backdated, an intimation of serving of notice should be sent to the office of the district magistrate (DM) by email, and an automated reply acknowledging receipt of the mail should be issued by the office of DM.

Rules also mandate that every municipal/local authority shall assign a dedicated digital portal within three months, and the details of serving/pasting of notice, the reply, the show cause notice, and the order passed thereon should be available on the portal.

The designated authority shall also give an opportunity of to hear the person affected, and the minutes of the hearing shall be recorded.

Rules also stipulate that the final order of demolition should mention if the unauthorised construction is compoundable (can be regularised upon payment of charges/fee); details of any portion of the unauthorised/non-compoundable, and it should also mention why demolition is the only option available.

The order any violation of these rules would lead to the initiation of contempt proceedings in addition to prosecution against officials concerned.

But legal experts said that several steps mentioned in the directions already exist under different Acts.

“Some new features have been added to maintain transparency and consistency in actions by the agencies concerned. Problems crop up in cases where demolitions take place in haste, and the action evokes resistance from residents. The authorities should also take note of demolition orders passed during the past several years that have not been executed as yet. This gives rise to malpractices and further growth of unplanned and unauthorised constructions,” said Vikrant Sharma, a lawyer at the Ghaziabad court.

The officials of the Ghaziabad municipal corporation said that they will duly comply with the directions.

“The directions have been issued for the demolition of constructions that are permanent in nature. The temporary constructions in the form of encroachments are dealt with by the civic agency as per the provisions of the UP Municipal Corporation Act. We will fully comply with the directions issued,” said Arun Kumar Yadav, additional municipal commissioner.