"Disturbing": Allahabad High Court on encroachment by lawyers

The Allahabad High Court recently asked the Bar Council of Uttar Pradesh to explain its measures for initiation of disciplinary proceedings against lawyers accused of encroachment of land [Smt Phoola Devi vs. State of UP And 6 Others]..A division bench of Justices Saumitra Dayal Singh and Surendra Singh passed the order while taking serious note of allegations of encroachment against ten lawyers of District Court at Kaushambi.“What is most disturbing and not acceptable is that certain citizens who describe themselves to be practitioners of law have not only encroached upon the petitioner's property but have established temporary constructions with roller shutters, metal gates and have placed their furniture besides putting up name plates,” said the Court..It was hearing a woman’s petition alleging that authorities were failing to ensure that she is able to raise construction over her own land. The petitioner Phoola Devi said that “certain elements” of the local bar association were preventing her from raising the construction despite competent authority having granted sanction for construction of a dwelling house. After the Court had sought a response from the State on petitioner’s allegations, it was confirmed that petitioner was indeed the owner of the land with no dispute over the title..Taking a serious view of the matter, the Court said before it passes any adverse orders, the lawyers alleged to have grabbed the land be added as respondents in the case.The Court further impleaded District Judge, Kaushambi and the Bar Council of UP as additional respondents. While issuing a notice to the lawyers through the District Judge, the Court ordered that they may file their response within two weeks..It also sought a response from the State Bar Council.“The counter affidavit to be filed by the respondent of Bar Council will also explain what measures exist to initiate disciplinary proceedings against the respondent nos. 8 to 18, if fact allegations made against them are true,” it ordered further.The Court also directed the authorities to ensure protection of the petitioner and her other properties during the pendency of her petition..Considering the earlier efforts to pressurise the petitioner, the Court also ordered that no criminal case be registered against the petitioner on any complaint that may be made by the ten lawyers with respect to the property.The Court will hear the matter on April 18..Advocates Bhanu Pratap Singh, Kachhawah, Dharmendra Singh, Ravi Kant Surolia and Rishabh Pratap Singh Kachhawah represented the petitionerAdditional Chief Standing Counsel Arimardan Singh Rajput represented the State.[Read Order]