In a landmark decision, the Allahabad High Court has put a temporary halt to the demolition drive in Lucknow’s Akbar Nagar I and II, emphasizing the constitutional right to livelihood under Article 21. This stay, affecting over 15,000 residents of this nearly half-century-old locality, comes at a crucial time during the harsh winter season.
Justice Pankaj Bhatia, in his observation, highlighted the urgency of the situation, stating,
“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.”
The case’s background involves the residents of Akbar Nagar, who have been residing in the area for over four to five decades. They were served with a demolition order, alleging illegal occupation of land designated as a green belt area according to the National Green Tribunal (NGT) norms. This demolition was part of the Lucknow district administration’s initiative to beautify and develop the locality.
The residents, in response to the demolition order, filed appeals that were subsequently dismissed. They argued that since they had occupied the land before the enactment of the U.P. Urban Planning and Development Act, 1973, the proceedings under this Act were not applicable to them. They further contended that the large-scale demolition would severely impact their livelihoods, which they had been sustaining in the area for decades.
In court, Senior Advocate J N Mathur, representing the petitioners, argued,
“The authorities did not follow the procedural aspects and passed the order, based on the documents, which were never supplied to the residents.”
He emphasized that the demolition would affect the livelihood of those residing and carrying out their petty occupations and professions for 40-50 years, which action of the State is basically in violation of the rights enshrined under Article 21 of the Constitution of India.
The court observed that while the petitioners had not been able to demonstrate prima facie title over the land, government roads and municipal facilities had been established in the area. In some cases, residents were even paying municipal taxes, and a school was operational in Akbar Nagar I and II. The court noted the rapid execution of the demolition orders by the Lucknow Development Authority (LDA) without giving proper effect to the relocation scheme.
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Justice Bhatia further remarked,
“As prima-facie, the rights flowing from Article 21 of the Constitution of India, which includes the right to earn livelihood, is prima-facie affected and it is the bounden duty of the State and its instrumentalities to ensure that Article 21 of the Constitution of India is not violated.”
Consequently, the court directed the LDA to provide a four-week period for the inhabitants to apply under the rehabilitation scheme. The LDA was instructed to take steps for resettlement of those who applied and to obtain physical possession of the premises only after ensuring proper resettlement.
This decision by the Allahabad High Court is a significant reminder of the balance that needs to be maintained between development initiatives and the fundamental rights of citizens, especially those from economically weaker sections. By staying the demolition and emphasizing the need for proper resettlement, the court has reinforced the principle that the right to livelihood is an integral part of the right to life under the Indian Constitution. The matter is set for further hearing on January 22, 2024, offering a temporary reprieve to the residents of Akbar Nagar and highlighting the judiciary’s critical role in upholding constitutional rights.
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