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Synopsis

The Allahabad High Court, acknowledging the inclusion of the right to livelihood under Article 21, has halted the demolition drive in Akbar Nagar I and II, Lucknow till January 22, 2024.

The bench of Justice Pankaj Bhatia, while noting the petitioners' inability to establish prima facie title, questioned the government's rush to demolish vast occupancies of the economically disadvantaged without implementing relocation schemes for the affected individuals, particularly as harsh winter approaches.

"At this stage, it is not clear as to what is the tearing hurry in which huge occupations by the relatively poor class of persons are being proposed to be demolished forthwith without even waiting for the scheme of relocating the adversely affected persons being implemented in letter and spirit and also exposing the poorest of the poor to the ensuing harsh winters," said the bench. 

It stressed that in the case at hand, the rights flowing from Article 21 of the Constitution of India, which includes the right to earn livelihood, was prima-facie affected.

Therefore, while emphasising that "it is the bounden duty of the State and its instrumentalities to ensure that Article 21 of the Constitution of India is not violated to give effect to the other obligations of the State which includes the obligation to resettle and which is also being discharged by the Lucknow Development Authority", court issued the interim directions. 

Background:

The petitioners, claiming ownership and possession of khasras in Akbar Nagar-I and II for over 40 to 50 years, faced a demolition order under the U.P. Urban Planning and Development Act, 1973. Allegations of commercial activities in a designated area prompted the order. Appeals against the demolition were dismissed, leading the petitioners to approach the high court, securing interim protection until December 20, 2023.

Petitioners argued that the denial of an opportunity to examine materials used against them violated natural justice. They contended that proceedings under the 1973 Act couldn't apply to land owned before its enactment and emphasized the potential violation of the right to life (Article 21) due to widespread demolitions affecting livelihoods.

In response, respondent authorities justified the proceedings under the 1973 Act citing the absence of demonstrated title, and the inability to claim adverse possession over a river belt.

While acknowledging the petitioners' failure to produce title deeds, the court noted established infrastructure and facilities in the area, indicating long-term habitation. However, the authorities' haste in demolishing constructions without implementing the relocation scheme raised concerns in court's mind about the prima facie violation of Article 21.

Therefore, court directed an immediate halt to demolitions, granting four weeks for inhabitants to apply under the rehabilitation scheme.

The Lucknow Development Authority has been instructed to obtain physical possession after resettlement steps. The matter is slated for a hearing on January 22, 2024, with respondents directed to file their responses by that date.

Case Title: Mohammad Adil v. State Of U.P. Thru. Addl. Chief Secy. Housing/Urban Planning Deptt. Lko. And 4 Others