Supreme Court Directs Status Quo On Property Claimed By UP MLA Abbas Ansari But Declared 'Evacuee Property'
In a relief to Uttar Pradesh MLA Abbas Ansari, the Supreme Court today passed a status quo order in respect of a property he claims ownership of but was dispossessed from in 2023 upon the same being declared "evacuee property".
A bench of Justices Surya Kant and N Kotiswar Singh passed the order, stating,
"The instant application has been moved inter-alia alleging that after the order passed by this court, the writ petition has been listed on several occasions, but no effective hearing has taken place. Consequently, no interim protection has been granted to the petitioner though all other similarly situated writ petitioners have been protected against dispossession/demolition/fresh construction at the disputed site.
Since we have not issued notice and have also not obtained any report from Registry of the High Court, we are not inclined to express any opinion as to what were the circumstances in which the petitioner's writ petition could not be taken up for hearing by the bench, though it was listed from time to time. Since the petitioners have specifically averred that the authorities have commenced construction at plot No.93 located in Village Jiamau, Lucknow, which they claim to be under their ownership and if third party rights are created it is likely to cause irreversible loss to the petitioners, we dispose of this application with a direction to the authorities as well as to the petitioners to maintain status quo at the site till the matter is heard by the High Court.
The matter shall be listed before the appropriate bench of High Court at the earliest. The Registry is directed to send a copy of this order to the Registrar General/Registrar (Judicial) of the High Court, who in turn are directed to bring the order to the notice of the bench where the matter is listed. The Division Bench may be apprised of the request made by us in para 6 of our order dt. October 21, 2024."
Briefly put, the matter pertained to a plot bequeathed on Abbas Ansari and his brother Umar Ansari, which they were dispossessed from in 2023, following declaration of the plot as evacuee property. Initially, the Ansari brothers moved the Allahabad High Court, but as it failed to grant interim stay and authorities allegedly commenced construction at the disputed site, they knocked the doors of the Supreme Court in 2024. The Ansaris' SLP was disposed of in October, 2024 with a request to the High Court to hear their case out of turn, if required, and in any case on November 11, 2024.
Today, Senior Advocate Kapil Sibal, appearing for Abbas Ansari, submitted that the Supreme Court passed a peremptory order asking the High Court to hear Ansari's plea out of turn. Yet, 6 dates have gone by without any effective hearing and all other plot-holders have got stay. When Justice Kant probed whether the matter was not taken up at all or it was taken up and adjourned, the senior counsel replied that it was not taken up at all.
Sibal further alleged that the authorities are continuing construction at the site and only Ansari has been left bereft of the relief because of his background. Lamenting the High Court's approach, he said, "if the High Courts do this, where does a citizen go?"
While the allegation regarding Ansari's background affecting the High Court did not weigh with the bench, Justice Kant voiced some concern about the Allahabad High Court, saying, "Some of the High Courts, we don't know what will happen...this is one of the High Courts which one should be worrisome about. Unfortunately, filing has collapsed, listing has collapsed...nobody knows which matter will be listed. I was there on last Saturday, I had long interaction with some of the concerned judges and Registrar...it is the largest High Court".
Background
Abbas Ansari's grandfather statedly purchased a share in Plot No.93 located at village Jiamau, Lucknow in 2004. In 2017, this property came to be bequeathed on Abbas Ansari and his brother Umar Ansari through a registered will. In 2020, SDM, Dalibagh, Lucknow allegedly passed an ex-parte order, declaring the plot an evacuee property, i.e., Government property. Apparently, in August 2023, the Ansari brothers were dispossessed from the property.
Initially, Abbas Ansari filed a writ petition before the Allahabad High Court (Lucknow Bench). Some other co-owners of the plot, who were also affected by the SDM's order, approached the High Court through a separate writ petition in 2021, which was listed before a Division Bench. In 2024, the Ansaris' writ petition was directed to be listed alongwith the co-owners' writ petition, so as to avoid conflicting orders.
Eventually, the Ansaris' writ petition was listed before the Division Bench repeatedly, but no interim stay was passed in their favor, although the relief was extended to other affected persons. As per claims, the authorities, after taking physical possession of the Ansaris' plot, started construction at the site. Aggrieved, Abbas Ansari filed a special leave petition before the Supreme Court.
This SLP was disposed of in October, 2024 with a request to the Division Bench of the High Court, Lucknow Bench, to take up the application for interim stay moved by Ansari for hearing as early as possible and in any case on November 4, 2024. "We request the High Court to take up the application out of turn, if so required, so that the prayer of the petitioner for interim protection can be appropriately adjudicated", the Court said.
Subsequently, as the High Court failed to take up Ansaris' interim application despite the above order of the Supreme Court, the present case was filed.
Case Title: ABBAS ANSARI Versus STATE OF UTTAR PRADESH AND ANR., MA 61/2025 in SLP(C) No. 25151/2024
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