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Court made this decision while addressing a writ petition brought by one Alok Awasthi, a journalist based in Lucknow, challenging his eviction from the premises he had been allotted in 1999 in Lucknow through the use of police force in January 2014
The Allahabad High Court has decided to consider the constitutionality of the Allotment of Houses under Control of the Estate Department Act 2016 (AHUCED Act), which regulates the allocation of government housing in the state of Uttar Pradesh.
The court's decision has come in the backdrop of a submission that the Act seemingly allows journalists in the state to receive government housing at nominal prices, which raises concerns about discrimination.
The bench of Justice Pankaj Bhaia determined that the 2016 Act appeared prima facie to be in violation of Article 14 of the Indian Constitution, as it appeared to provide government benefits to individuals who were neither authorized nor engaged in government functions.
The high court also directed the Chief Secretary of the State Government to review the allocation of government housing to journalists, with a focus on the Act's original objectives.
The AHUCED Act of 2016 was enacted to oversee the allocation of government housing to employees and officers of the State Government, employees' associations, political parties, journalists, officers of All India Service/judicial service, trusts, and justices.
The court made this decision while addressing a writ petition brought by Alok Awasthi, a journalist based in Lucknow, challenging the eviction of the premises he had been allotted in 1999 in Lucknow through the use of police force in January 2014.
In response to the petition, the State Government stated that Awasthi had been allotted the premises based on non-statutory rules dating back to 1985, which allowed a committee to recommend housing allotments to journalists. The allotment was conditioned on the journalists continuing to work in Lucknow.
The State Government further argued that Awasthi was not an accredited journalist, as per a list issued by the Director of Information for Media Representatives. Therefore, he was neither entitled to a housing allotment nor to retain the accommodation.
As a result, the petitioner was served with an eviction notice in December 2012. Since he did not vacate the premises, a letter was sent in January 2014 to the District Magistrate to enforce eviction. In January 2014, Awasthi gave written undertakings to vacate the premises.
Case Title: Alok Awasthi Vs. Additional District Judge-4 Lucknow And Another
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