Amit Agarwal
The Lucknow Development Authority (LDA) has claimed authority under the Uttar Pradesh Urban Planning and Development Act of 1973. However, the residents, though lacking a formal title, argued possession since before 1973, raising questions about due process and violation of their right to livelihood protected by the Constitution.
The Petitioners are the residents of Akbar Nagar, who faced imminent demolition of their homes and shops for allegedly being illegal constructions on a green belt area.
The High Court acknowledged the complex situation. While recognizing the residents’ lack of title, it also emphasized their established possession and expressed concern about the rushed demolitions, particularly during harsh winter months. Moreover, the Court noted the incomplete implementation of LDA’s resettlement scheme, meant to relocate affected residents.
To balance environmental regulations with the residents’ well-being, the Court ordered a temporary halt to all demolitions in Akbar Nagar-I & II. It granted the residents four weeks to apply for the resettlement scheme and directed the LDA to promptly resettle those who applied, after gaining vacant possession of their current dwellings. The next hearing for further directions and a final decision was scheduled for January 22, 2024.
The petition was filed by senior advocate J. N. Mathur along with advocateKazim Ibrahim, Amit Khare, Amrendra Nath Tripathi, Akshay Kumar Singh & Aishvarya Mathur.
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