Allahabad High Court
PUSHPENDRA SINGH RATHAURversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The petition is dismissed as the petitioner lacks standing and has not provided sufficient material to justify demolition.
Summary
The petitioner filed a public interest litigation seeking a court order to demolish a building alleged to be illegally constructed and dilapidated, claiming it posed a danger to road users. The petition relied solely on the petitioner's personal complaints, with no material evidence or objections from local residents or shopkeepers. The court noted the lack of substantive proof and questioned the petitioner's standing, observing that the petitioner was merely a passerby. It highlighted that the respondents and the community had not raised any objections to the building's existence. Consequently, the court found no merit in the petition and dismissed it.
Issues considered
- Whether the petitioner has locus standi to file a PIL for demolition of the building
- Whether the court can order demolition based solely on unsubstantiated allegations of dilapidation
Subjects
- public interest litigation
- standing
- demolition
- illegal construction
- dilapidated building
- petition dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1216 of 2026
Pushpendra Singh Rathaur
.....Petitioner(s)
Versus
State of U.P. and 5 others
.....Respondent(s)
Counsel for Petitioner(s) : Vijay Prakash Chaturvedi
Counsel for Respondent(s) : Meenakshi Singh (A.C.S.C.),
Himanshu Pandey
Chief Justice's Court
HON'BLE ARUN BHANSALI, CHIEF JUSTICE
HON'BLE KSHITIJ SHAILENDRA, J.
1. This petition, purportedly in public interest, has been filed by the
petitioner seeking a direction to the respondents to demolish the building
which is alleged to have been illegally constructed by private respondent
no.6.
2. A perusal of the petition indicates that allegations have been made that
the building in question is in a dilapidated condition, wherein certain
shops are functioning.
3. When a query was put to the counsel pertaining to the cause for the
petitioner, submissions have been made that petitioner uses the road in
question on which the building is situated and there is always a fear that
the same may crumble/fall down any time and therefore, the PIL has been
filed.
3. It is surprising that the petitioner, a passerby of the building, has taken
pains to make repeated complaints and filed this PIL, whereas the
residents/shopkeepers around the area, apparently have no objection
pertaining to the existence of the building as well as the shops. Except for
the complaints made by the petitioner, no material has been produced on
record seeking to substantiate the allegations made in the petition.
4. In view of the above, we have serious doubts about the credentials of
the petitioner in filing the petition and therefore, do not find any reason to
WPIL No. 1216 of 2026
2
entertain the same.
5. The petition is therefore, dismissed.
(Kshitij Shailendra, J) (Arun Bhansali, CJ)
May 7, 2026
AHA/Jyotsana
Digitally signed by :-
AFZAL HUSAIN ABBASI
High Court of Judicature at Allahabad
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