Allahabad High Court’s Landmark Order
In a significant ruling, the Allahabad High Court has directed the demolition of approximately 72 illicitly constructed chambers belonging to lawyers in the vicinity of the District and Sessions Court, Lucknow. This decision arises from the case Anuradha Singh and Others v State of UP and Others. The Division Bench, comprising Justice Rajesh Singh Chauhan and Justice Rajeev Bharti, issued this directive, emphasizing that any resistance from the legal community during the demolition process will attract strict legal measures.
Execution of Demolition
The Court has stipulated that the demolition operation should be executed on a Sunday to ensure minimal disruption to judicial activities. The Bench instructed that the encroachers be informed in advance about the specific demolition date, facilitating their cooperation. The judges remarked, “If, on the date of demolition, any encroachers or their associates engage in illegal activities, appropriate legal action will be taken against them.”
Opportunity for Legal Compliance
The Court has provided the lawyers using these unauthorized chambers another chance to vacate the premises or substantiate a legitimate claim to possession. A fresh notice will be issued to all 72 encroachers within a week, offering them this opportunity.
Background and Recent Developments
Earlier in May, a confrontation occurred between district court lawyers and Uttar Pradesh Police when attempts were made to demolish illegal chambers in Lucknow’s Qaiserbagh. This action was initiated following the High Court’s orders. In an April ruling, the Court highlighted the public inconvenience caused by these encroachments on pathways near the courts.
Progress and Future Actions
On August 4, the Lucknow Nagar Nigam reported to the Court that over 100 illegal chambers had already been demolished. However, of the 72 entities notified initially, only 14 chambers or shops had been dismantled. Advocate Shailendra Singh Chauhan noted that these 14 chambers have been re-encroached. He stressed the need for administrative and police support in addressing this issue.
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Ensuring Law and Order
In response, the Court directed that the Commissioner of Police, Lucknow, the District Magistrate, and the Municipal Commissioner collaborate to ensure that the demolition is conducted without any disruption to public order. The next hearing is scheduled for September 10.
Legal Representation
The Central Bar Association, Lucknow, was represented by Advocate Jyotiresh Pandey, while Senior Advocate HGS Parihar, alongside Advocate Divyarth Singh Chauhan, appeared for the Lucknow Bar Association. Advocate Shailendra Singh Chauhan represented the Lucknow Nagar Nigam, and Advocate Bipul Kumar Singh appeared on behalf of the State government.
