The Lucknow bench of the Allahabad High Court today stayed the demolition happening near Akbar nagar where15,000 residents are residing on Kukrail riverbank.
"The demolitions being carried out in Akbar Nagar-I & II pursuance to the orders of the demolition and after the dismissal of appeals are stayed forthwith, till the next date of listing. No demolition shall be carried out in the entire area", Justice Pankaj Bhatia ruled.
The other directions include the following:
1. The Lucknow Development Authority to give
reasonable time of four weeks to the inhabitants to apply in terms of the scheme. The inhabitants would be at liberty to apply in terms of the scheme within the reasonable time.
2. The Lucknow Development Authority to take steps for resettlement of the persons who have applied in terms of the scheme and obtain vacant physical possession of the present premises in their occupation.
In the order, the High Court also questioned the "tearing hurry" for carrying out the demolitions.
"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".
The Court noted that various persons including the petitioners are in occupation of the land without having any title in their favour. With the passage of time, the said persons have continued in possession and in fact, government roads were carved out and other municipal services are being provided. In some cases, even the municipal taxes are being paid. It also appears that a school is being run in the vicinity i.e. the entire area known as Akbar Nagar I & II. This fact has not been denied by either of the parties, the court said.
"At this stage, it is no doubt true that the petitioners have not been able to demonstrate any prima-facie title in their faovur, but have successfully established their possession, even if the said possession is an illegal possession".
Keeping this in mind, the Court was prompted to highlight that the petitioners' rights flowing from Article 21 of the Constitution were affected.
"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, I deem it appropriate to issue the following directions", the Court said before passing the directions.
The Court also directed the counsel appearing for the Lucknow Development Authority to forward the order to the Vice Chairman and the Chairman of the Lucknow Development Authority and Secretary, Housing and Urban Planning Department, U.P for compliance.
The matter will be next taken up on January 22, 2024.
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