Lucknow Akbar Nagar Demolitions: Supreme Court Stops LDA From Demolishing Houses Till HC Verdict, Says Many Are Poor

In a swift response to the recent demolitions of commercial spaces in Lucknow's Akbar Nagar, multiple petitions have been filed in the Supreme Court challenging the legality of the demolition orders. The move comes after the Allahabad High Court's dismissal of pleas from 24 occupants, clearing the way for the Lucknow Development Authority (LDA) to proceed with the demolition of allegedly illegal establishments in the area.The pleas were first mentioned yesterday before a bench comprising Justices Sanjiv Khanna and Dipankar Datta, with Senior Advocate S Muralidhar raising concerns about the hastiness with which the demolitions were carried out immediately after the high court's ruling. However, Justice Khanna noted that the special leave petition had not yet been placed before the court for consideration and asked the senior counsel to approach the court's registrar general for listing of the matters.Subsequently, the request for an urgent hearing was forwarded to Chief Justice DY Chandrachud. Meanwhile, the State of Uttar Pradesh has filed a caveat, seeking to be heard before formal issuance of notice. Bench orally insists on seven days' notice before demolishing residential properties Today, the bench comprising Justices Sanjiv Khanna and Dipankar Datta heard the petitions at 2 PM after an urgent mentioning.In response to concerns over mass demolitions, Additional Solicitor General KM Nataraj, appearing for the State, today stated that only 23 commercial properties have been demolished by the Lucknow Development Authority.“They put up all kinds of illegal commercial constructions on the riverbank without license or permission. It's admittedly government land. They challenged the demolition order, but was unsuccessful. Then filed an appeal, which was dismissed. All authorities have found that these are illegal constructions. Even they admit this. Out of the 24 commercial buildings with respect to which the high court passed its order, 23 have already been pulled down.”Protesting, Senior Advocate Shoeb Alam, representing the petitioners, argued that houses were also being demolished along with commercial spaces. He explained, “There are some shops in the front, but there are people staying at the back. En masse demolitions are going on. Houses are also being demolished. I have been instructed to say this.”“As far as commercial buildings are concerned, where notices have been given, you can proceed. But, as far as houses are concerned, you give them seven days' time,” Justice Khanna sternly instructed.The judge also acknowledged the complexities of urban development and the challenges faced by marginalised communities who migrate to cities in search of economic opportunities. Notably, he also highlighted the gap between what is required and what is being offered by extant housing policies, in view of the urban pull factors.“Let us be clear on housing. There's a difficulty. Our urbanisation policies have flaws. Really speaking, we have not provided for economically weaker sections. Somewhere, we will have to ensure…Everyone knows that migration takes place to the cities. But there is a huge gap in the policies between the requirements and what we are able to do at the ground-level. Unauthorised colonies are bound to come up. Take Delhi for instance. The Delhi Development Authority does not even know where 60-70% of the land is…All has been acquired.”Saying this, he once again stressed the need for notice to be given before demolitions, which would allow residents to pursue legal remedy.Demolition of commercial property stayed until March 4, petitioner allowed to collect belongingsWith respect to the sole petitioner – one Vshnu Swaroop Chaurasia – who approached the top court against the proposed demolition of the last remaining commercial structure out of 24 such properties, the bench allowed him time till midnight on March 4 to remove his belongings. Following this, he could apply for alternate accommodation as per the LDA's scheme. The LDA was then permitted to demolish the properties, with a provision for the petitioners to retrieve their belongings after signing a list.“This order would equally apply to other cases in case the parties are willing to abide by it. Provided they furnish an undertaking to the said effect to the Lucknow Development, the authority will provide an opportunity to the said occupant to enjoy the benefits of this order,” Justice Khanna added.The bench also 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.No demolition of houses until high court verdict is pronouncedRegarding another petition concerning the demolition of residential properties on government lands, Justice Khanna directed that no demolitions should proceed until the high court's judgment is pronounced. This second petition was filed ...

Lucknow Akbar Nagar Demolitions: Supreme Court Stops LDA From Demolishing Houses Till HC Verdict, Says Many Are Poor

Awstika Das

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Lucknow Akbar Nagar Demolitions: Supreme Court Stops LDA From Demolishing Houses Till HC Verdict, Says Many Are Poor

Awstika Das

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