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Synopsis

In a relief to the residents of Akbar Nagar 1 and 2 areas in Lucknow, the Allahabad High Court on March 6 allowed them time till March 31st to vacate the disputed premises. Thereafter, it shall be open for the Lucknow Development Authority (LDA) to clear the said area, ordered the court. 

The division bench of Justices Om Prakash Shukla and Vivek Chaudhary also allowed two weeks' time to the residents to file applications under the rehabilitation scheme.

"...and simultaneously, the respondents shall proceed to make allotment of flats for rehabilitation and the entire process of shifting be completed positively by 31.3.2024," ordered the court.

Further, court clarified that the benefit of the rehabilitation scheme will be extended to other residents of Akbar Nagar also who have not approached the court against the demolition orders of the state government. 

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.

"Any person being rehabilitated from Akbar Nagar slums applying for EWS accommodation, shall be provided such an accommodation," court directed. 

Moreover, keeping in view the financial constraints of the residents, as the area is a slum, the bench ordered, "In case persons provided EWS accommodation, for some unavoidable circumstances, are unable to pay their installments within the aforesaid period of ten years, respondent authorities shall extend the said period for further appropriate period, to a maximum of five years".

Court added that in case any EWS allottee still faces difficulty even to pay the said installments, it shall be open for such a person to move an appropriate application before the Chief Minister of the State, who shall consider and grant appropriate relief to such deserving bonafide person from the Chief Minister's Beneficiary Fund or from any other appropriate funds or schemes as applicable for the benefit of poor from time to time.

The order was passed in a batch of pleas filed by around 74 BPL cardholders in Akbar Nagar to stop the development authority's demolition drive in the area. The slum, with about 1400 houses, was constructed illegally on government land.

Case Title: Raju Sahu And Others v. State and others along with connected matters