Allahabad High Court.
Allahabad High Court Slams UP Police, Civil Officials for Flouting Judicial Orders: Prayagraj – In a scathing rebuke, the Allahabad High Court on Friday heavily criticized officials of the Uttar Pradesh police and civil administration. The condemnation came after a house in Baghpat district was illegally demolished, despite an explicit stay order issued by the Court. The case, titled Smt. Chhama vs State of UP and 3 Others, highlights a disturbing trend of defiance towards judicial authority.
Justice J.J. Munir, presiding over the matter, did not mince words in his strong criticism of the officers’ conduct. “There seems to have come about a culture amongst the Executive Officers of the State, particularly, those in the Police and Civil administration to find a kind of pride in flouting judicial orders,” Justice Munir remarked. “It seems to give them a sense of achievement, rather than make them feel the guilt of being offenders. This matter cannot be taken lightly. It is well settled that any action done, whatever be its nature in violation of a judicial order, is a nullity.”
Demolition Despite Clear Stay Order
The petitioner, Smt. Chhama, had approached the High Court after her house in Baghpat was razed by local authorities. This occurred despite a prior order from the Court specifically directing that the structure should not be touched.
The Court emphasized the gravity of demolitions carried out in defiance of stay orders, noting that a physical act like demolition cannot be easily undone. “The restitution would be by reconstruction of the demolished building,” the Court observed. It highlighted that the building was constructed in a “Harijan abadi” (a residential area predominantly inhabited by Scheduled Castes) and not on public utility land, suggesting that reconstruction by the state would be a suitable form of restitution.
History of Legal Proceedings
The background of the case reveals a series of legal actions. An eviction order was initially passed against Chhama in July 2024, and her appeal against this order was rejected in February 2025. She then sought recourse from the High Court in March 2025.
Concurrently, a Public Interest Litigation (PIL) had also been filed, demanding the removal of encroachments in the area. On May 5, 2025, the High Court directed the Baghpat Collector to verify if any higher court had issued an interim order in Chhama’s case. If no such order existed, the Collector was asked to explain why the eviction had not yet been carried out.
Shortly after this, Chhama moved her case for an urgent hearing and successfully secured a stay order. The High Court explicitly directed that her house must not be demolished and no recovery action should be taken against her. Later, both her plea and the PIL were clubbed and listed before the same bench.
Officials Flout Direct Orders
Despite these clear directives, authorities proceeded with the demolition of Chhama’s house. As a result, Chhama filed a contempt plea against the officials involved. The Court, lacking the jurisdictional roster to hear contempt cases at that specific moment, treated her petition as one against a “wrongdoer.”
Upon reviewing the facts and photographic evidence, the Court found prima facie that the demolition was indeed carried out in direct violation of its order. The Court further noted that officials continued with the demolition even when they were reportedly shown a copy of the stay order.
Justice Munir reiterated the legal principle that “An order of the Court once passed in the presence of the learned Standing Counsel representing the Authorities is deemed to be communicated as soon as it is made.” He stressed that since the respondents are state authorities represented by Standing Counsel, they are always deemed to have notice of all orders passed by the Court.
Excuses Rejected and Accountability Demanded
The authorities had attempted to justify their actions by claiming that the stay order was uploaded late on the High Court’s website. However, the Court dismissed this excuse. “Even if there is a delay in uploading of the order and it has been passed in the presence of the learned Standing Counsel, and, the petitioner says that the High Court has passed a stay order, it is the duty of the Authorities to lay their hands back off something as drastic as demolition, until such time that the fact of a stay order being passed by this Court is verified,” the judge asserted. He added that the photographs clearly showed the order was available and known to the authorities, yet they proceeded with the demolition.
The Allahabad High Court has now issued notices to the Collector, the Sub-Divisional Magistrate (SDM), and the Tehsildar of Tehsil-Sadar in Baghpat district. They have been directed to file individual affidavits by July 7, 2025. These affidavits must explain why they should not be held responsible for reconstructing the demolished house and restoring it to its original condition.
Advocate Vikrant Rana represented the petitioner, Smt. Chhama, in this critical case.
