Lucknow: The Lucknow Bench of the Allahabad High Court has directed all concerned authorities to remove illegal encroachments from the area surrounding the District and Sessions Court, Lucknow, and adjoining government establishments within five weeks, while disposing of two connected public interest petitions concerning encroachment near the BSNL Telephone Exchange, Kaiserbagh, and a related criminal writ petition earlier converted into a public interest litigation.
The Division Bench of Justice Rajesh Singh Chauhan and Justice Rajeev Bharti was hearing Criminal Writ-Public Interest Litigation No.4 of 2026, filed by Anuradha Singh and others against the State of U.P., along with the connected Public Interest Litigation No.1086 of 2025 filed by Anis Ahmad Shah against the Union of India and others, the paper-book of which had been connected with the earlier petition in compliance with an order of the Chief Justice dated 21.08.2026. With the consent of the parties, a common order was passed in both petitions.
The main prayer in PIL No.1086 of 2025 sought a mandamus directing the removal of illegal encroachment from the eastern boundary-wall/land of the Telephone Exchange Building, Kaiserbagh, Lucknow, belonging to the Bharat Sanchar Nigam Limited. Counsel for Nagar Nigam, Lucknow drew the Court's attention to its earlier order dated 07.04.2026, by which the criminal writ petition had been treated as a Public Interest Litigation and all concerned authorities had been directed to remove illegal encroachments from the entire area near the District and Sessions Court, Lucknow, including the Old High Court Campus, Collectorate, Board of Revenue, Old Sadar Tehsil Campus, Sub Registrar Office, Commissionerate, Residency Power Sub Station, Balrampur Hospital and Qaiserbagh Bus Station.
Counsel for Nagar Nigam submitted that if a direction were issued in terms of the earlier order, the controversy in the second writ petition would stand adjudicated, and produced a letter dated 08.09.2026 from the Zonal Officer, Zone-1, Nagar Nigam, Lucknow, stating that 14 illegal constructions had initially been removed and a further 57 illegal encroachments had subsequently been removed pursuant to the Court's order dated 04.08.2026, along with photographs of the removal. He clarified that encroachments from Swasthya Bhawan Crossing up to Collectorate Crossing, Bus Stand Crossing and Chakbast Crossing had already been removed, and that only the encroachments forming the subject matter of the second writ petition and the surrounding area remained.
The Court directed that the entire illegal encroachments covered by its earlier order dated 07.04.2026 be removed, subject to the precautions earlier laid down in paragraphs 8 and 9 of its order dated 04.08.2026, which the Court reproduced and reaffirmed. These required that encroachers be served fresh written notice, with publication in two daily newspapers and at least ten days to vacate or explain their claim, failing which the structures would be demolished, preferably on a Sunday so as not to disrupt judicial work, with coordination among the Commissioner of Police, District Magistrate and Municipal Commissioner, Lucknow to ensure adequate administrative and police support and maintenance of law and order.
Clarifying that these precautions were grounded in principles of natural justice, the Court directed all concerned authorities to take appropriate steps in compliance with the order, with expedition, preferably within five weeks. On the first writ petition, learned AGA placed on record an instructions letter dated 10.09.2026 from the Assistant Commissioner of Police, Kakori, Lucknow, indicating that although a charge sheet had been prepared, the competent authority had directed further investigation, the outcome of which was to be reported to the Court on the next date. The Court also directed that the protection earlier granted to Advocates under paragraph 10 of its order dated 04.08.2026 would continue till the next date of listing, and listed the matter for 26 October 2026.
Appearances:
For the Petitioners: Sri Bal Keshwar Srivastava, Ishita Srivastava, Kuldeep Verma, Mohd. Waris Farooqui, Shailendra Nath Shukla, Suresh Chandra Shukla, Umesh Singh and Vijai Shankar Tripathi, Advocates.
For Nagar Nigam, Lucknow: Sri Shailendra Singh Chauhan, Advocate.
For Lucknow Development Authority: Sri Ajay Kumar Singh, Advocate.
For BSNL: Sri Pratul Kumar Srivastava, Advocate.
For the State: Sri S.P. Singh, Additional Government Advocate.
Case Title: Anuradha Singh and others v. State of U.P. Thru. Prin. Secy. Home Lko and others, Criminal Writ-Public Interest Litigation No. 4 of 2026, along with Anis Ahmad Shah v. U.O.I. Thru. Secy. Ministry of Communication New Delhi and 9 others, Public Interest Litigation (PIL) No. 1086 of 2025
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