Supreme Court upholds Akbar Nagar demolitions

The Supreme Court on Friday upheld the Lucknow Development Authority (LDA)’s decision to carry out large scale demolitions in Akbar Nagar, affecting approximately 15,000 residents residing along the Kukrail river bank [Shakeel Ahmad and Ors vs State of Uttar Pradesh and Ors].A bench of Justices Sanjiv Khanna and Dipankar Datta agreed with the view of Allahabad High Court that the colony was constructed on a floodplain area and the petitioners' claim was based on adverse possession.."Details of flood in said nullah has been indicated and a STP constructed. In view of aforesaid we are in agreement with the High Court that the colony has been constructed on a floodplain area and the petitioners do not have any document or title and the claim is based on adverse possession. Thus we are not interfering with the impugned judgment so far as it directs eviction and demolition of the colony," the Court said..The Court was hearing an appeal against a March 6 Allahabad High Court order that had directed residents affected by an ongoing relocation project of Akbar Nagar in Lucknow to vacate the disputed premises by the end of March.A division bench of the High Court had observed that the residents were unauthorised occupants on government land who, at best, could press for an alternative place to live..During the hearing today before the Supreme Court, Justice Khanna said that the affected residents were receiving alternative accommodation, similar to encroachers.The Counsel for the petitioners, however, pointed out that the alternative accommodation was far away from Akbar Nagar.In response, Justice Khanna pointed at that the location encroached was also initially distant from the city before becoming the city center.The counsel thereafter underlined that the State was charging taxes from the residents. However, Justice Khanna emphasized that the taxes were for the services provided and did not imply ownership of the land by the petitioners..Advocate MR Shamshad then brought to the Court's attention that a report said that Kukrail river was not a river but a nullah (stream/rivulet) and disputed the surrounding land being classified as a floodplain..The Court, however, referred to satellite imagery of the rivulet and the catchment areas to conclude that the classification of the area as a floodplain was justified.Accordingly, the Court upheld the demolition and refused to interfere with the High Court order.