Allahabad High Court deplores Amethi District Administration for bulldozing District Bar Association Chairman's house

The Allahabad High Court recently deplored Amethi District's Administration for demolishing the district Bar Association's Chairman's house and for filing successive First Information Reports (FIRs) against current and former office-bearers of the association. [Dist. Bar Association Amethi vs State of UP and Ors..A Public Interest Litigation (PIL) by the bar association alleged that the district administration had razed the Chairman's house as an act of vengeance after the association's members raised their voice for establishment of a civil court in the district.It alleged that the exchange deed of the land on which the house was built was cancelled seven years after being issued before an FIR was registered against the Chairman for damage to public property.Justices Devendra Kumar Upadhyaya and Saurabh Srivastava recorded that the attending circumstances in the case clearly demonstrated malicious motive and bad faith on part of the District Administration."Resolutions passed and protests lodged by the members of the petitioner-Bar Association may or may not be genuine and the same may or may not be justified, however, the attending circumstances of this case clearly go on to show and establish that action of the District Administration is also not proper and has strong traces of bad and malacious motive and bad faith," the Court said.The Court further noted that the lodging of FIRs against current and former office-bearers of the association, cancelling the order of land exchange of the house before demolishing it, and other actions of the administration in less than a week not only showed undue haste but also demonstrated lack of good faith."Lodging of the FIRs, undertaking demolitions and even making the complaint to the Bar Council of U.P. against the President and formal office bearers and members of the petitioner-Bar Association and cancelling the order of exchange of land under section 161 of U.P.Z.A. & L.R. Act, in a span of less than a week shows not only undue haste on the part of the District Administration but such actions also demonstrate lack of good faith on the part of the authorities of District Administration," the Court stated..The Court underlined that the authorities of the District Administration have been legally vested certain authority and power which are to be exercised in good faith and with bona fide intentions."Any deviation from good faith in discharge of the duties and powers by such State authorities cannot, in our constitutional set up, be approved of. The authority and power vested by a democratic system in the hands of the officers and employees of the executive has to be always exercised by them being duty-conscious; rather than such employees/officers being powercharged," the Court added.Consequently, the Court observed that the District Administration has been deficient and wanting so far as following the legal procedure is concerned.It also questioned how, when the land on which the house was built was used by the Chairman of the association for 7 years before the exchange deed suddenly being cancelled, could have been said to be damage to public property, as mentioned in the FIR. "As to how use of such exchanged land from 16.05.2015 till 16.11.2022 can be said to have caused damage to public property is again an issue which raises question mark on the District Administration," the Court recorded.The Court further observed that restraint and adherence to rule of law is the hallmark of efficient and judicious administration and any deviation from such attributes by the District Administration is bound to raise concerns. "Thus this Court expects that any District Administration or the officers and employees associated with it will, in all circumstances, act in adherence to law so as to instill a sense of justice amongst one and all," it added..[Read Order]