The Supreme Court today upheld the Lucknow Development Authority (LDA)’s decision to carry out a large-scale demolition drive in Akbar Nagar, affecting approximately 15,000 residents residing along the Kukrail river bank.
A bench comprising Justice Sanjiv Khanna and Justice Dipankar Datta agreed to the decision of the Allahabad High Court that the colony was constructed on a floodplain area and that the petitioner’s claim was based on adverse possession.
The court remarked that the details of flood in said nullah has been indicated and a STP constructed. The bench added that they agree with the High Court that the colony has been constructed on a floodplain area and the petitioners do not have any document or title and the claim is based on adverse possession.
Subsequently, the court ordered that they are not interfering with the impugned judgment so far as it directs eviction and demolition of the colony. The top court was hearing an appeal against a March 6 Allahabad High Court order that had ordered residents affected by an ongoing relocation project of Akbar Nagar in Lucknow to vacate the disputed premises by the end of March.
During the hearing before the Supreme Court, Justice Khanna said that the affected residents were receiving alternative accommodation, similar to encroachers. Earlier, a division bench of the High Court had stated that the residents were unauthorised occupants on government land who, at best, could press for an alternative place to live.
Appearing for the petitioners, the counsel told the Supreme Court that the alternative accommodation was far away from Akbar Nagar. Responding, Justice Khanna pointed out that the location encroached was also initially distant from the city before becoming the city center.
Thereafter, the counsel underscored that the state was charging taxes from the residents. Nonetheless, Justice Khanna stressed that the taxes were for the services provided and did not imply ownership of the land by the petitioners.
Following, Advocate MR Shamshad then brought to the top court’s attention that a report said that Kukrail river was not a river but a nullah (stream/rivulet) and disputed the surrounding land being classified as a floodplain.
However, the apex court referred to satellite imagery of the rivulet and the catchment areas to conclude that the classification of the area as a floodplain was justified. Consecutively, the Court upheld the demolition and denied to interfere with the High Court order.