The Allahabad High Court directed the Lucknow Nagar Nigam to begin legal action for removing 72 illegal encroachments near the District and Sessions Court. These structures included advocate chambers and small shops surrounding the old High Court premises.
The Allahabad High Court (Lucknow Bench) directed the Lucknow Nagar Nigam to promptly initiate legal action to remove 72 illegal encroachments mainly advocate chambers and small shops located near the District and Sessions Court (Old High Court) premises.
The Court stressed that, while notice is ordinarily required for demolition of authorized structures, immediate action is permissible for unauthorized encroachments on public land.
The Division Bench observed,
“It is a trite law that, while generally, notice is required before demolition, especially for authorized structures, but immediate action can be taken against illegal, unauthorized encroachment on public pathways, footpaths, or government land, often without prior notice. The rule of law must be enforced immediately to remove such encroachments.”
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The matter arose in Criminal Misc. Writ Petition filed by Anuradha Singh and others (Anuradha Singh and Others v. State of U.P.), which sought quashing of an F.I.R. and an order dated December 20, 2025, by the Special Judge, S.C./S.T. Act, Lucknow.
The Special Judge had directed registration of an FIR against the petitioners two practicing advocates and their mother based on an application under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The FIR alleges offences under Sections 115(2), 352, and 324(4) of the Bharatiya Nyaya Sanhita (BNS) and various provisions of the SC/ST (Prevention of Atrocities) Act, 1989.
The petitioners maintain that this FIR was a retaliatory move following their earlier petition challenging an alleged illegal chamber built near their residence by the complainant’s senior, Sujeet Kumar Valmiki.
Senior counsel V.S. Tripathi, appearing for the petitioners, argued that the accusations were “highly improbable,” stressing that the petitioners are women and were unarmed during the alleged August 30, 2025 incident.
He further submitted that the Special Judge failed to properly assess whether an offence under the SC/ST Act was made out and acted “without application of mind.” On the other hand, Additional Government Advocate S.P. Singh and counsel for the complainant, Balkeshwar Srivastava, placed counter-affidavits on record, while Investigating Officer ACP Shakeel Ahmad assured the Court that the investigation would proceed strictly in accordance with law.
For the Lucknow Nagar Nigam, Shailendra Singh Chauhan submitted an inspection report identifying 72 encroachments, most of which were occupied by advocates or shopkeepers engaged in photostat, typing, and refreshment activities, and indicated that formal notices and police assistance would likely be required for eviction.
The Bench, comprising Hon’ble Rajesh Singh Chauhan and Hon’ble Rajeev Bharti, reviewed the Nagar Nigam’s inspection report and photographs.
It highlighted the Nagar Nigam’s important role in preserving the court’s vicinity and reiterated that immediate removal measures are justified for unauthorized encroachments on public pathways and government land.
Orders issued
- Anti-encroachment action: The Lucknow Nagar Nigam is directed to proceed with legal measures forthwith. Where encroachers do not receive individual notices, notices must be “affixed on the encroached part/building/shop” and published in widely circulated Hindi and English newspapers.
- Administrative assistance: The Nigam is empowered to seek “proper assistance from the district administration including police” to effect removal of illegal encroachments.
- Compliance affidavit: An officer of at least Class-II rank must file an affidavit by the next listing, detailing steps taken.
- Interim protection: Pending further orders, “no coercive steps of any kind whatsoever” shall be taken against the petitioners in connection with FIR No. 0334/2025.
The Court has asked the Chief Justice to constitute the Bench for the next hearing, which is listed for April 7, 2026, at 3:30 P.M.
Case Title: Anuradha Singh And Others vs. State Of U.P. Thru. Prin. Secy. Home Lko And Others