Allahabad High Court stays demolition drive in Lucknow’s Akbar Nagar

“The Lucknow Development Authority shall thereafter take steps for resettlement of the persons who have applied in terms of the (rehabilitation) scheme forthwith and obtain vacant physical possession of the present premises in their occupation,” said Justice Pankaj Bhatia on Thursday and listed the matter for further hearing on January 22.

“At this stage, it is not clear as to what is the tearing hurry in which huge occupations by the relatively poor class of persons are being proposed to be demolished forthwith without even waiting for the scheme of relocating the adversely affected persons being implemented in letter and spirit and also exposing the poorest of the poor to the ensuing harsh winters,” said the court.

The court also said “the rights flowing from Article 21 of the Constitution of India, which includes the right to earn livelihood, is prima-facie affected and it is the bounden duty of the State and its instrumentalities to ensure that Article 21 of the Constitution of India is not violated”.

The court was hearing a bunch of petitions, including one filed against an order dated December 15, 2023, whereby appeals by the petitioners under section 27 (2) of the UP Urban Planning and Development Act, 1973 were dismissed. The appeal was filed against an order of demolition passed in October 2023 under section 27(1) of the 1973 Act.

As per the High Court order, petitioners claim to be in possession of properties in Akbar Nagar-I and II that they are “peacefully enjoying the property for more than forty to fifty years without any interference whatsoever”.

As per an LDA order on September 29, the occupation in the area was “illegal and on a green belt area, which was liable to be demolished”.

Senior Advocate J N Mathur argued that the petitioners were in occupation of the premises prior to 1973, the date when the Act was enacted, as such, the proceedings could not have been initiated under the said Act. It was also argued that the authorities did not follow the procedural aspects and passed the order, based on the documents, which were never supplied to the residents.

It was also argued that on account of large-scale demolition being carried out in Lucknow, it would affect the livelihood of the persons who are residing and carrying out their petty occupations and professions for 40-50 years, which action of the State is basically in violation of the rights enshrined under Article 21 of the Constitution of India.

The lawyers representing the respondents — the LDA and others — argued that the petitioners have not demonstrated any title over the property in question and irrespective of the nature of the land, once the petitioners have not established any title over the property in question, they could not have resisted to demolition.