'Exposing Poorest Of Poor To Ensuing Harsh Winters': Allahabad HC Stays Demolition Drive In Lucknow's Akbarnagar For 4 Weeks

Holding that Article 21 includes right to livelihood, the Allahabad High Court has stayed the demolition drive in Akbar Nagar I and II in Lucknow.

Noting that the petitioners could not prima facie show the title in their favour, Justice Pankaj Bhatia observed that

“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.”

Factual Background

Petitioners are owners of khasras in the area known as Akbar Nagar-I and II and claimed to be enjoying possession for more than 40 to 50 years. In one of the petitions, it was claimed that the petitioner had set up a shop and built a residence on the same plot. He was served with a show cause notice for proceedings under Section 27(1) of the U.P. Urban Planning and Development Act, 1973. It was alleged that the petitioner was carrying out commercial activities and the land was in 'Doob Kshetra'.

The demolition order was passed against all petitioners, stating that the land was illegally occupied by them and was a part of the green belt area. Petitioners preferred appeals against an order of demolition. Due to the threat of eviction, the petitioners approached the High Court in another writ wherein they were granted interim protection till 20^th December 2023 to provide them a reasonable opportunity to avail alternate remedies.

Since the appeals filed by the petitioners were dismissed, they approached the High Court against the order of the dismissal. Upon urgency being pressed, all petitions were taken up by the Court.

Counsel for petitioners argued that materials relied upon the appellate authority in rejecting the appeals were supplied to the petitioners. Not giving an opportunity to examine materials relied upon to pass adverse orders is a violation of principles of natural justice, it was argued.

It was further argued that since the petitioners had owned the disputed land before the 1973 Act came into force, proceedings under the said Act could not be initiated against them. Further, it was submitted that the large-scale demolition in Lucknow would affect livelihood of the those residing and carrying out professions in the said area for more than forty to fifty years. Accordingly, it was pleaded that the State was violating the fundamental right to life guaranteed under Article 21 of the Constitution of India.

Per contra, counsel for respondents contended that 40 to 50 years back will still be after the coming into force of the 1973 Act, therefore the proceedings under Section 27 of the Act were justified. Further, the petitioner had failed to demonstrate title over the property and therefore cannot be permitted to reside on it. Since no evidence regarding title over the land was brought before the authorities or the appellate authority, the demolition was justified.

It was also argued that petitioners cannot claim the right of adverse possession over a land declared as a river belt by the Central Government.

High Court Verdict

The Court observed that though petitioners have not been able to produce title deeds to the land, government roads have been carved out and municipal facilities have been provided to the people living in the said area. It was further observed that in some cases, municipal taxes are also being paid by the residents. A school is also functional in the area known as Akbar Nagar-I and II.

Further, the Court observed that within five days of passing of orders in appeal, the Lucknow Development Authority proceeded with execution. Seventy to eighty people had also registered to be relocated to other places under the Scheme of the Government.

The Court observed that though the petitioners had not prima facie been able to demonstrate title over the said land, the authorities in a hurry were demolishing the constructions in highly populated areas without giving proper effect to the relocation scheme.

“As prima-facie, the rights flowing from Article 21 of the Constitution of India, which includes the right to earn livelihood, is prima-facie affected and it is the bounden duty of the State and its instrumentalities to ensure that Article 21 of the Constitution of India is not violated to give effect to the other obligations of the State which includes the obligation to resettle and which is also being discharged by the Lucknow Development Authority”.

The Court has directed that the demolitions being carried out in Akbar Nagar I and II be stayed till the next date of listing. The Court has further directed the Lucknow Development Authority to grant four weeks time to the inhabitants to apply under the rehabilitation scheme. After taking steps for resettlement, the Lucknow Development Authority can obtain physical possession of the vacant property.

The matter is directed to be listed on 22^nd January, 2024 by which date the respondents are directed to file their responses.

Case Title: Syed Hamidul Bari v. State Of U.P. Thru. Addl. Chief/Prin. Secy. Housing And Urban Planning Deptt. Lko. And 4 Others [WRIT - C No. - 11383 of 2023]

Appearances: Sri J. N. Mathur, Senior Advocate assisted by Sri Kazim Ibrahim, Sri Amit Khare, Sri Amrendra Nath Tripathi, Sri Akshay Kumar Singh, Sri Aishvarya Mathur counsel for petitioners; Sri Ratnesh Chandra with Sri Sankalp Mishra counsel for Lucknow Development Authority as well as Sri Shailendra Kumar Singh, Chief Standing Counsel assisted by Sri Pankaj Srivastava, learned Additional Chief Standing Counsel for State.

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