SC refuses to intervene in Lucknow eviction drive: ‘Colony in question is built in floodplain area’
SC refuses to intervene in Lucknow eviction drive: ‘Colony in question is built in floodplain area’
THE SUPREME Court on Friday refused to intervene in an eviction drive by the Lucknow Development Authority (LDA) in the “illegal” Akbar Nagar area of the city.
A two-judge bench of Justices Sanjiv Khanna and Dipankar Datta that perused the affidavit and other reports filed by the Authority said, “We are in agreement with the findings recorded by the High Court in the impugned judgment that the colony in question has been constructed in the floodplain area. It’s an accepted and admitted position that the petitioners do not have any documents or title. In fact their claim is based upon adverse possession, etc”.
It added, “in view of the said position, we are not inclined to interfere with the impugned judgment in so far as it directs eviction of the petitioners and demolition of the unauthorised construction made in the floodplain areas.
The court noted that 1818 applications for rehabilitation and allotment of alternate accommodation had been received of which 1032 applications had been scrutinised and found to be eligible and 706 are still under scrutiny.
“The applications must be scrutinised and all eligible persons must be offered alternate accommodation”, the court said, adding that “the dwellers will not be removed without alternate accommodation being allotted to them”.
The SC added that “however once alternate accommodation is allotted to the dwellers, they must hand over vacant possession to Lucknow Development Authority” and that “in case they fail to, Authority will be entitled to take action as per law”.
In December 2023, the Allahabad High Court dismissed petitions challenging the Authority’s decision to remove the unauthorised constructions forming part of Akbar Nagar is located on the banks of the Kukrail nulla 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”.
When it was pointed out that there are encroachments on the floodplain areas in other parts of Lucknow, the court directed the Authority to undertake survey of the said encroachments and file details along with affidavit before the High Court within three months and also shall draw up an action plan and remove all unauthorised encroachments.
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