The Lucknow Bench of the Allahabad High Court has stayed the demolition of Akbar Nagar, which was constructed illegally on the land of Kukrail reserve forest in Lucknow.
The Division Bench of Justice Vivek Chaudhary and Justice Om Prakash Shukla passed this order while hearing a petition filed by Ramu Balmiki.
The Petitioner has approached the Court against the demolition notice given by the respondent – Lucknow Development Authority to the petitioner on the ground that petitioner has raised construction unauthorizedly without having any title over the government land.
Lucknow Development Authority was required to provide a scheme with regard to rehabilitation of poor persons, the Court said.
The Court noted that,
Counter affidavit is filed by the Lucknow Development Authority
The Additional Chief Standing Counsel for the State-respondents states that the State is also adopting the same.
5. Paragraph nos 20, 21, and 22 of the counter affidavit read as follows:-
“20. That before removing the encroachment which has been done by the encroachers i.e the occupants in the Akbar Nagar area, the LDA has already framed a Rehabilitation Scheme wherein such displaced persons/encroachers would be provided the accommodations at a very meager amount in Basant Kunj Yojna of LDA Scheme which would be demonstrated in foregoing paragraphs. A copy of the Rehabilitation Scheme is filed herewith as Annexure CA-6 to this counter affidavit.
21. That a bare perusal of the scheme would indicate that on payment of a very meager amount, the EWS category persons would be accommodated in ready to move in flats i.e and amount of Rs 5,000/- would be charged from them as registration fees and the possession would be delivered to them and thereafter flats worth Rs 15,00,000/- would be provided to them at a meager amount of Rs 4.79 Lacs which further could be paid in easy installments within a span of 10 years. In order to sensitize the unauthorized occupants about the said scheme and for also vacating their unauthorized occupation, the LDA is camping in Akbar Nagar area itself wherein the unauthorized occupants are being motivated for getting themselves registered for the purpose of allotment of flats under the Rehabilitation policy. Even newspaper advertisements have been made for the purposes of rehabilitation. A copy of the newspaper advertisements is filed herewith as Annexure CA-7 to this Counter Affidavit.
The LDA would be extending all its help to the unauthorized occupants for the purposes of rehabilitation and not only the flats at minimum amount would be provided to such displaced persons/unauthorized occupants but also such lawful measures would be taken so that they may be accommodated without causing any inconvenience to them.
22. That simultaneously, the persons other than EWS category would also be provided the accommodation on payment of 15% of the cost of the flat and that too on hire purchase basis. No sooner such persons make a payment of 15% they would be provided the possession of the flat which is ready to move in. In case such displaced persons i.e other than EWS category makes the entire payment within 45 days of the allotment, they would also be provided rebate of 6% of the total amount.”
Counsel for the petitioner submitted that the petitioner is ready and willing to accept the said offer of the Lucknow Development Authority.
He further stated that petitioner falls within EWS category and would be entitled to benefits as provided in the counter affidavit.
Counsel for Lucknow Development Authority stated that verification of entitlement can be conducted by the Authority within a week and thereafter appropriate orders of allotment can be passed.
“The petitioner is permitted to move a representation/ application for allotment of house before the Vice Chairman, Lucknow Development Authority within three days from today, who shall get the exercise conducted through appropriate authority/officers of the Lucknow Development Authority within a period of week thereafter and inform the Court with regard to orders passed in the case of the petitioner.
Petitioner shall also provide the details of financial status as well as his income proof and also proof of his unauthorized occupation with his application/representation. The aforesaid exercise will be completed by parties by 21.02.2024.
Till 21.02.2024, respondents shall not take any steps against the petitioners”, the Court ordered.