Order of the Allahabad High Court regarding demolition drive in Akbar Nagar I and II in Lucknow, Uttar Pradesh, 21/12/2023
Order of the Allahabad High Court in the matter of Syed Hamidul Bari & Others Vs State of Uttar Pradesh dated 21/12/2023. The matter related to demolition drive in Akbar Nagar I and II in Lucknow, Uttar Pradesh.
The High Court said that the petitioners "have not been able to demonstrate any prima-facie title in their favour, but have successfully established their possession, even if the said possession is an illegal possession". However, "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" and also "exposing the poorest of the poor to the ensuing harsh winters".
The rights flowing from Article 21 includes the right to earn livelihood, which will get affected and it is the 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 Allahabad High Court stayed the demolitions being carried out in Akbar Nagar-I and II till the next date of listing. No demolition should be carried out in the entire area, the order said. The Lucknow Development Authority should give reasonable time of four weeks to the inhabitants to apply in terms of the scheme and the inhabitants would be at liberty to apply in terms of the scheme within the reasonable time. The Lucknow Development Authority should thereafter take steps for resettlement of the persons who have applied in terms of the scheme forthwith and obtain vacant physical possession of the present premises in their occupation, the order said.