The Lucknow Bench of the Allahabad High Court, in, while hearing a criminal writ petition challenging an FIR and summoning order under the SC/ST Act, issued significant directions concerning widespread illegal encroachments near the District and Sessions Court premises in Lucknow.
The petitioners, two practising advocates and a family member had sought quashing of an FIR lodged by a fellow advocate, alleging offences under the Bharatiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act. The Court had earlier granted interim protection from coercive action and called for responses from the Investigating Officer and the complainant.
During the proceedings, the Lucknow Nagar Nigam submitted an inspection report revealing that as many as 72 illegal encroachments existed in the area, largely attributed to advocates and small commercial establishments such as photocopy and refreshment shops.
Taking note of the submission that notices would be required before removal, the Court noted that unauthorized encroachments on public land, including pathways and government property, can be removed promptly in accordance with law. It observed that the “rule of law must be enforced immediately” in such cases and directed the Nagar Nigam to initiate expeditious action, including issuance of notices, and to seek police and administrative assistance if necessary.
The Court further directed that if notices are not served personally, they may be affixed at the site and published in widely circulated newspapers. Compliance steps and progress must be reported by way of an affidavit before the next date of hearing.
The matter has been listed for further hearing on 7 April 2026, with directions for continued monitoring of both the investigation and the removal of encroachments.
Appearances:
Counsel for Petitioner(s) : Vijai Shankar Tripathi Counsel for Respondent(s) : G.A., Aniket Srivastav
