Allahabad High Court Orders Fresh Notices Before Demolition Of Illegally Constructed Lawyers' Chambers In Lucknow

The Allahabad High Court has granted one last opportunity to 72 alleged encroachers, most of whom are advocates, to either vacate chambers allegedly constructed on public pathway/public utility land near the Lucknow District Court complex or establish their valid claim over the same, failing which the Lucknow Municipal Corporation (LMC) has been directed to demolish them.

A bench of Justice Rajesh Singh Chauhan and Justice Rajeev Bharti directed the LMC to issue fresh notices to all 72 alleged encroachers within one week.

If they refuse to receive the notices, the authorities have been directed to paste the same on the encroachment area and also publish them in two daily newspapers (one in Hindi, one in English), by providing them at least ten days' time to do the needful.

The Court observed thus:

"We find it appropriate that all those encroachers may be given one more opportunity either to vacate those chambers/shops or to apprise the competent authority about their valid claim to hold such chambers/shops, failing which the illegal encroachments would be demolished".

The Bench further directed that if the alleged illegal encroachers do not vacate the encroachment area and fail to explain their bona fide, particularly their valid claim to hold the chambers/ shops, those chambers/ shops may be demolished.

It suggested that the demolition exercise be carried out on a Sunday so that judicial work is not hampered. The proposed demolition date is also to be communicated in advance to enable cooperation.

The Court made it clear that if, on the date of demolition, any encroachers or their associates adopt any illegal device or engage in any illegal activity, the needful action may be taken against them, which is "permissible under the law".

Our readers may note that the action against the encroachers was initiated by the authorities following an order of the Lucknow Bench of the Allahabad High Court directing the removal of unauthorised structures near the District and Sessions Court premises (Old High Court) in Lucknow.

During the hearing on August 4, the counsel for the LMC informed the Court that more than 100 illegally constructed chambers had already been demolished in compliance with earlier directions.

However, it was further apprised that out of the 72 identified encroachments in the area in question, only 14 could be removed because the demolition drive was disrupted due to agitation by advocates.

The Corporation submitted that proper notice was served to all the aforesaid 72 encroachers, but they could not explain as to how they were possessing such chambers/shops.

It was further submitted that some advocates had again encroached upon those chambers and were sitting temporarily at that place.

The LMC's counsel also stated that without any proper administrative and police support, it may not do the needful work of demolition, as the officers/ officials would not be able to face the anguish and protest of the Advocates.

It was categorically submitted that in such a protest, the Advocates take the law into their own hands.

Senior Advocate HGS Parihar told the Court that he could not defend illegal encroachers and stated that if any advocate or shopkeeper had made illegal or unauthorised encroachments, appropriate legal action could be taken against them.

Another counsel appearing for the advocates requested the Court to adopt a lenient approach and sought temporary accommodation for the advocates until they could construct chambers through lawful means.

However, he also stated that, as an advocate, he could not support illegal encroachments over public pathways or public utility land.

Against this backdrop, to facilitate the demolition exercise, the High Court directed the Commissioner of Police, Lucknow, the District Magistrate and the Municipal Commissioner to coordinate with one another and ensure that adequate administrative and police support is extended to Municipal Corporation officials.

The authorities have also been directed to ensure that no law-and-order situation arises during the exercise.

The Bench also clarified that explanations submitted by office-bearers of the two Bar Associations and other advocates, in the connected contempt proceedings arising out of the alleged lawyers' strike, would be considered on the next date of hearing. It clarified that no adverse inference should be drawn against them merely because explanations had been sought.