Allahabad High Court Halts Lucknow's Akbar Nagar Demolition

As winter settles in Lucknow, a significant turn of events unfolds in Akbar Nagar, where over 15,000 residents faced the threat of eviction. The Allahabad High Court, in a recent decision, intervened to stay the demolition drive in this nearly 50-year-old locality. This blog delves into the details, shedding light on the court's directive and the implications for the affected inhabitants.

Understanding the Situation: 

Akbar Nagar, situated on the banks of the Kukrail nulla, received an eviction notice citing its "illegal" status under the norms of the National Green Tribunal (NGT). The Lucknow district administration aimed to beautify and develop the area, leading to a proposed demolition drive. However, the Allahabad High Court stepped in to provide relief, emphasizing the need for a more considered approach.

Court's Intervention:

In a move to safeguard the rights of the residents, the Allahabad High Court stayed the demolition drive. It directed the Lucknow Development Authority (LDA) to grant a reasonable four-week period for inhabitants to apply for the rehabilitation scheme. The court expressed concerns about the urgency in demolishing occupied spaces without waiting for the implementation of the relocation scheme, especially during harsh winters.

Justice Pankaj Bhatia, while issuing the stay, highlighted the importance of respecting Article 21 of the Constitution of India, which includes the right to earn a livelihood. The court underscored the duty of the State to ensure that these constitutional rights are not violated in the process.

Legal Proceedings:

The court's decision followed a series of petitions, including one challenging the order dated December 15, 2023, dismissing appeals under the UP Urban Planning and Development Act, 1973. The petitioners, claiming possession of properties for over four to five decades, argued against the legality of the demolition orders.

Senior Advocate J N Mathur argued that the initiation of proceedings under the 1973 Act was not applicable as the occupants were in possession before its enactment. There were also concerns raised about procedural lapses in the issuance of orders.

The Future Outlook:

The court listed the matter for further hearing on January 22, signaling an ongoing legal battle. As the inhabitants of Akbar Nagar await the outcome, the case highlights the delicate balance between development initiatives and safeguarding the rights and livelihoods of citizens.