Uttar Pradesh implements rules for demolishing unauthorised constructions
The state of Uttar Pradesh has implemented detailed procedures to guide agencies in addressing the demolition of unauthorized constructions in their jurisdictions. These measures emphasize ensuring fairness and compliance with legal protocols before demolition.
The directives, issued by the state urban development department on January 27, and earlier by Chief Secretary Manoj Kumar Singh on January 15, stress adherence to Supreme Court orders. All local bodies have been instructed to follow these guidelines meticulously.
According to the instructions, no demolition can be done without first issuing a show-cause notice to the affected party. A mandatory waiting period of 15 days from the receipt of the notice is required before ordering a demolition. The affected parties must also be given the chance to attend a personal hearing and respond to the notice.
“If the relevant statute provides for an appeal process, or even if it does not, the order should not be enforced for 15 days from the date of its receipt. Additionally, the owner or occupier should be allowed 15 days to voluntarily remove or demolish the unauthorized structure,” the order specified.
To prevent allegations of procedural misconduct, such as backdating notices, the authorities must notify the district magistrate’s (DM) office via email when a notice is served. The DM’s office is required to acknowledge the email automatically.
Further, within three months, all municipal and local authorities are required to establish dedicated digital portals. These portals should provide comprehensive details, including the issuance of notices, replies received show-cause notices, and final orders.
Before a demolition order is finalized, the affected individual must be allowed to present their case, and the minutes of the hearing must be formally documented. The final order should specify whether the unauthorized construction is compoundable (i.e., eligible for regularization upon payment of fees), detail any non-compoundable portions, and explain why demolition is deemed the only viable solution.
Failure to adhere to these rules will result in contempt proceedings and potential prosecution against the responsible officials.
While legal experts acknowledged that several of these procedural steps already exist, these updated directions aim to ensure stricter compliance and transparency in demolition processes.