Allahabad High Court Stays Demolition of 48 Houses and Shops in Auraiya’s Dibiyapur, Orders Status Quo Till April 29

By Rajesh Pandey

In a significant relief for dozens of families, the Allahabad High Court has stayed the proposed demolition of 48 houses and shops located in the Nahar Bazar area of Dibiyapur in Uttar Pradesh’s Auraiya district.

The court’s intervention came just hours before the authorities were expected to carry out the demolition drive.

A division bench comprising Justice Mahesh Chandra Tripathi and Justice Vivek Varma directed the state authorities to maintain the status quo concerning the disputed properties until further orders.

The court has also asked the state government to file its counter-affidavit, while fixing April 29 as the next date of hearing in the matter.

The urgency of the situation was brought before the Chief Justice on April 15, when it was submitted that demolition action was likely to be undertaken by the authorities early the next morning at around 6 a.m.

Taking note of the urgency, the Chief Justice constituted the present division bench through an administrative order dated April 15, 2026, enabling immediate hearing of the petition.

The writ petition has been filed by Suman Devi, who challenged the validity of the order dated September 30, 2025. The petitioner sought protection from eviction and demolition of houses and shops built on the disputed land.

According to the plea, the state government had earlier introduced a specific scheme related to the settlement of allotment, under which the petitioners claim entitlement.

Appearing for the petitioner, counsel argued before the court that all relevant documents and supporting material had been submitted before the authorities, but these were allegedly not considered while passing the order under challenge.

It was further submitted that there was a strong possibility of immediate demolition, which could cause irreparable damage and loss to the petitioners if the court did not intervene.

On the other hand, the state counsel opposed the plea and submitted that the petitioners had been given sufficient opportunity to present their case.

According to the state’s argument, despite multiple notices, the petitioners did not participate in the proceedings, leaving the authorities with no option but to decide the matter on the merits.

The state maintained that the order was lawful and did not require any interference by the court.

After hearing both sides, the high court issued the following direction:

“Considering the facts and circumstances, as the petitioners apprehend instant demolition to be carried out tomorrow, taking the parameters of a prima facie case, balance of convenience, and irreparable loss, we find that a counter affidavit is to be filed by the state respondents within one week, three days thereafter, is accorded to file a rejoinder affidavit.

Let the matter be posted as fresh before the appropriate court on April 29, 2026”.

In its order dated April 15, the high court further directed:

“As this order was passed in the evening, the same be communicated to the district magistrate, Auraiya, by the registrar (compliance) today itself for necessary compliance.”

The court’s order has provided temporary relief to the affected families and shopkeepers, who were facing the possibility of losing their homes and livelihoods.

The matter will now be heard in detail on April 29, when the court will examine the responses from both sides before taking a final view.