The Supreme Court on Thursday heard a batch of petitions challenging the legality of the demolition orders in Lucknow’s Akbar Nagar. The petitioners moved the apex court after the Allahabad High Court dismissed pleas of 24 occupants, clearing the way for the Lucknow Development Authority (LDA) to proceed with the demolition of allegedly illegal establishments in the area.
A bench of Justice Sanjiv Khanna and Justice Dipankar Dutta directed the authorities to proceed with the demolition of the commercial building wherever notices have been given, but ordered the authorities to give seven days of time in the case of houses. The bench also acknowledged the complexities of urban development and the challenges faced by marginalised communities who migrate to cities in search of economic opportunities.
Responding to concerns over mass demolitions, Additional Solicitor General KM Nataraj, appearing for the State, stated that only 23 commercial properties have been demolished by the Lucknow Development Authority. The ASG claimed that the petitioners have put up all kinds of illegal commercial constructions on the riverbank without license or permission. He continued that all authorities have found that the constructions are illegal.
Countering, Senior Advocate Shoeb Alam, representing the petitioners, argued that houses were also being demolished along with commercial spaces. He explained that there are some shops in the front, but there are people staying at the back. He asserted that houses too are also being demolished.
Pronouncing its verdict in one of the petitions challenging the proposed demolition of the last remaining commercial structure out of 24 such properties, the bench allowed the petitioner time till midnight on March 4 to remove his belongings. Subsequently, he could apply for alternate accommodation as per the LDA’s scheme. The Lucknow Development Authority was then permitted to demolish the properties, with a provision for the petitioners to retrieve their belongings after signing a list. Justice Khanna further added that this aforesaid order would equally apply to other cases in case the parties are willing to abide by it.
The bench further recorded ASG Nataraj’s statement that even persons in occupation of these establishments who did not belong to the economically weaker section (EWS) could apply for alternative accommodation in terms of the LDA’s policy for rehabilitation.
In another petition concerning the demolition of residential properties on government lands, Justice Khanna ordered that no demolitions should proceed until the high court’s judgment is pronounced. This petition was filed against a high court division bench modifying an earlier stay order by a single judge bench to apply only to the litigants before the court. The matter is currently pending before the Allahabad High Court, which recently reserved its verdict.