The Allahabad High Court has directed the Lucknow Municipal Corporation to undertake a fresh demolition drive against illegally constructed advocate chambers and shops encroaching upon public pathways and utility land near the District Court complex, while directing the police and district administration to provide full assistance to ensure that the exercise is completed without any law and order issues.
A Division Bench of Justice Rajesh Singh Chauhan and Justice Rajeev Bharti was hearing a public interest litigation concerning illegal encroachments around the court premises as well as the subsequent protests by advocates against the demolition exercise.
During the hearing, counsel for the Lucknow Municipal Corporation informed the Court that although over 100 illegal structures had already been demolished in compliance with earlier directions, only 14 out of the 72 identified encroachments in the present area could be removed because of protests by advocates. The remaining demolition could not proceed despite notices having been served to all encroachers and public notices being published in newspapers.
Senior Advocate H.G.S. Parihar, appearing for the office-bearers of the Lucknow Bar Association, submitted that he could not defend illegal encroachments and stated that if any advocate or shopkeeper had made an unauthorised occupation of public land, appropriate legal action could be taken in accordance with law. Counsel appearing for the Central Bar Association similarly sought only a lenient approach for advocates and requested that they be provided an alternative place temporarily until valid chambers are constructed, while making it clear that illegal encroachments were not being supported.
The Municipal Corporation further informed the Court that even some of the 14 demolished chambers had been re-occupied, and that officials were unable to proceed with the remaining demolition without adequate administrative and police protection because advocates had previously protested and taken law into their own hands during the demolition drive.
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Taking note of these submissions, the High Court granted the remaining 72 encroachers one final opportunity. It directed the Municipal Corporation to issue fresh written notices within one week, paste notices on the encroached structures wherever necessary, and publish notices in one Hindi and one English daily newspaper, granting at least ten days’ time to either vacate the premises or establish a valid legal right over the chambers or shops.
The Bench ordered that if the encroachers fail to vacate or establish a lawful claim, the illegal structures shall be demolished. To minimise disruption to judicial work, the demolition exercise has been directed to be carried out on a Sunday, after notifying the encroachers of the scheduled date. The Court further made it clear that if any encroacher or associate resorts to unlawful activities during the demolition, authorities shall take action permissible under law.
The Court also directed the Commissioner of Police, District Magistrate and Municipal Commissioner, Lucknow to coordinate the demolition drive and ensure adequate administrative and police support so that the Municipal Corporation can execute the exercise without any disturbance to public order.