Allahabad High Court stays Akbar Nagar demolitions, questions ‘tearing hurry’ of exposing poor to harsh winter

The Allahabad High Court on Thursday stayed the Lucknow Development Authority (LDA)’s decision to carry out large scale demolitions in Akbar Nagar-I and II areas and directed LDA to first initiate the resettlement process for those going to be affected [Syed Hamidul Bari v. State of UP]. .Justice Pankaj Bhatia questioned the “tearing hurry” being shown to demolish the properties of persons belonging to disadvantaged sections without implementation of the scheme for their rehabilitation. “At this stage, it is not clear as to what is the tearing hurry in which huge occupations by the relatively poor class of persons are being proposed to be demolished forthwith without even waiting for the scheme of relocating the adversely affected persons being implemented in letter and spirit and also exposing the poorest of the poor to the ensuing harsh winters,” asked the Court.Considering that fundamental rights including the right to livelihood would prima-facie be affected due to the actions of LDA and that State has a bounden duty to ensure Article is not violated, the Court ordered that no demolition shall be carried out in the entire area..It further ordered the LDA to give reasonable time of four weeks to the inhabitants to apply in terms of the scheme for their rehabilitation.“The Lucknow Development Authority shall thereafter take steps for resettlement of the persons who have applied in terms of the scheme forthwith and obtain vacant physical possession of the present premises in their occupation,” the Court directed.The Court opined that though the petitioners have not been able to demonstrate any prima-facie title in their favour, they have “successfully established their possession, even if the said possession is an illegal possession.”.The High Court passed the order in a batch of petitions challenging the demolition orders passed by the LDA. The appeals filed under UP Urban Planning and Development Act against the demolition orders had earlier been dismissed by the appellate authority.The matter was taken up on a mentioning by Senior Advocate JN Mathur today. It was argued that appellate authority had dismissed the challenge on the basis of materials which were never provided to the petitioners, who were facing the demolition.It was also submitted that the petitioners have been in occupation of the premises prior to enactment of Urban Planning and Development Act, 1973, and thus the proceedings under it could not have been initiated against them..However, the counsel representing the LDA challenged the submission and also contended that petitioners had failed to establish any title over the property in question. It was also argued that the properties are located over a river belt and the petitioners cannot claim any right of adverse possession.Considering the submissions, the Court noted that though the petitioners have been in occupation of the land without any title in their favour, government roads have been constructed in the area and other municipal services are being provided to them with the passage of time.It also found that some were also paying the municipal taxes and a school was being run in the vicinity. On the issue of whether the petitioners have been in occupation of the properties prior to the 1973 Act, the Court said it can be considered subsequently..The Court also noted that appeals were dismissed on December 16 and execution was happening within five days of the passing of those orders. “It is also an admitted fact that the Lucknow Development Authority has initiated the process of relocating the various persons in terms of their scheme as recorded hereinabove and in fact, a camp has been set up wherein around 70 to 80 people have enrolled and registered themselves for being relocated at other places, in terms of the scheme,” the Court recorded.It sought the responses of the State government and LDA and listed the matter for further directions and decision on January 22, 2024. .Senior Advocate JN Mathur with advocates Kazim Ibrahim, Amit Khare, Amrendra Nath Tripathi, Akshay Kumar Singh and Aishvarya Mathur represented the petitioners.Advocates Ratnesh Chandra with Sri Sankalp Mishra represented the Lucknow Development Authority.Chief Standing Counsel Shailendra Kumar Singh with Additional Chief Standing Counsel Pankaj Srivastava represented the State.[Read Order]