The Allahabad High Court has stayed further demolition of a property in Lucknow after expressing prima facie concern over the Lucknow Development Authority’s (LDA) selective action and proceeding with demolition despite an appeal against the demolition order being pending before the appellate authority.
A Division Bench of Justice Pankaj Bhatia and Justice Amitabh Kumar Rai was hearing a writ petition filed by a property owner who challenged the demolition of his building. The petitioner contended that although an appeal along with an application for condonation of delay had been filed against the demolition order dated November 30, 2024, and the LDA had already entered appearance before the appellate authority, the authorities nevertheless proceeded with the demolition.
The petitioner further alleged that several similarly situated constructions in the vicinity, raised without sanctioned building plans, had been left untouched, while only his property was targeted. Photographs were placed before the Court to substantiate the allegation of selective action.
The LDA sought to justify its action by submitting that the petitioner’s premises had been sealed twice and that construction activities continued despite the sealing. It was also stated that notices had been issued to around 70 persons and demolition orders had been passed against them, though no demolition had yet been carried out in those cases.
The High Court observed that, prima facie, the action appeared to be selective and that the explanation offered by the LDA did not answer the principal issue namely, how demolition could be undertaken while the statutory appeal was pending and both parties were appearing before the appellate authority. The Bench further remarked that the material placed before the court prima facie established mala fides on the part of the LDA.
Accordingly, the Court directed the Vice-Chairman of the Lucknow Development Authority and its Officer on Special Duty, Devansh Trivedi, to file personal affidavits explaining why action had been taken only against the petitioner’s property while no similar action was initiated against other allegedly unauthorised constructions in the vicinity.
The Bench also restrained the authorities from carrying out any further demolition on the property until the next date of hearing. The. Court further observed that on the next date it would consider initiating action against the OSD, LDA under Section 26-D of the Uttar Pradesh Urban Planning and Development Act, 1973.
