Allahabad HC Orders Action Against 'Illegal' Advocate Chambers In Lucknow, Says Prior Notice Isn't A Must For Public Land Encroachment

Taking a serious view of massive illegal encroachments by advocates near the District and Sessions Court premises (Old High Court) in Lucknow, the Allahabad High Court has directed authorities to take appropriate action for the removal of the same.

Though the Lucknow Nagar Nigam submitted that it would have to serve notices on the concerned persons to remove the encroachments, the High Court observed that immediate action can be taken in cases where illegal, unauthorised encroachment is on public or government land.

"...it is a trite law that, while generally, notice is required before demolition, especially for authorized structures, but immediate action can be taken against illegal, unauthorized encroachment on public pathways, footpaths, or government land, often without prior notice. The rule of law must be enforced immediately to remove such encroachments," a Division Bench of Justice Rajesh Singh Chauhan and Justice Rajeev Bharti remarked.

However, noticing the view of the Lucknow Nagar Nigam to provide prior notice to the illegal encroachers, the Bench directed the municipal body to take these legal steps with expedition. It added that, if need be, proper assistance from the district administration, including the police, may be demanded.

The Court directed that if the notice is not received by the illegal encroachers, the same may be affixed on the encroached part, building, or shop, and it may also be published in widely circulated Hindi and English daily newspapers in the area.

The Division Bench stated that whatever recourse is adopted by the Lucknow Nagar Nigam to remove the encroachment shall be intimated to the Court by filing an affidavit by the next date of listing on April 7.

For context, this order was passed during the hearing of a criminal writ petition filed by two practising advocates of the High Court and a family member, challenging criminal proceedings allegedly initiated as a counterblast to a dispute over the illegal behaviour of a fellow advocate.

The petitioners alleged that the senior of the complainant (opposite party no. 6) had constructed an illegal chamber near their residence, where individuals would gather in the evening and misbehave with others under the influence of liquor.

It was the further case of the petitioners that their peaceful life was being disturbed and hence, they had to move to the HC earlier. However, as a counterblast, and allegedly misusing his position as an advocate, the opposite party no. 6 lodged an FIR against them.

Earlier, while granting interim relief to the petitioners, the Bench had directed the Municipal Commissioner, Lucknow, to submit a specific report on whether the chambers occupied by opposite party no. 6 and other advocates were properly occupied or if there was any legal flaw.

Pursuant to the High Court's order, on March 11, the Lucknow Nagar Nigam presented a detailed inspection report indicating that there are currently 72 encroachers, mostly advocates, and that some shops have also been illegally constructed in the area in question.

Taking the report on record, the Bench has now directed strict and expedited action against the illegal encroachers.

Case title - Anuradha Singh And Others vs. State Of U.P. Thru. Prin. Secy. Home Lko And Others

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