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Synopsis

The Supreme Court on Friday refused to intervene with the demolition drive conducted by the Lucknow Development Authority (LDA) in the Akbar Nagar area of the city.

A bench of Justices Sanjiv Khanna and Dipankar Datta agreed with the findings recorded of the High Court that the colony in question had been constructed in the floodplain area.

Court further noted that the petitioners before it admitted to not having any documents or title and their claim was based upon adverse possession. 

It has ordered for applications seeking rehabilitation and allotment of alternate accommodation must be scrutinised and all eligible persons must be offered alternate accommodation.

On March 9, 2024, the Allahabad High Court had granted residents of Akbar Nagar 1 and 2 areas in Lucknow, time till March 31st to vacate the disputed premises. 

Additionally, the high court instructed LDA to reduce the registration fee for the PM Awas (Prime Minister Awas Yojana) from Rs 5000 to Rs 1000.

In December 2023, the High Court had dismissed petitions challenging the LDA's decision to remove the unauthorised constructions forming part of Akbar Nagar located on the banks of the Kukrail nalla in Lucknow.

The eviction drive is part of the Lucknow district administration’s plan to beautify and develop the locality. The LDA notice said that the occupation in the area was “illegal and on a green belt area, which was liable to be demolished”.

Case Title: SHAKEEL AHMAD AND ORS. vs. STATE OF UTTAR PRADESH AND ORS