The Supreme Court Today (May 10th) upheld the Allahabad High Court’s Order of planned demolitions of illegal settlements along the Kukrail riverbank in Akbar Nagar, affecting approximately 15,000 residents.
Thank you for reading this post, don't forget to subscribe!![[BREAKING] Demolition of Akbar Nagar in Lucknow | SC Upholds Allahabad HC's Order](https://i0.wp.com/www.hindustantimes.com/ht-img/img/2023/12/21/1600x900/LDA-bulldozers-reached-Akbarnagar-on-the-banks-of-_1703183920938.jpg?w=820&ssl=1)
NEW DELHI: The Supreme Court upheld the Allahabad High Court’s Order of planned demolitions of illegal settlements along the Kukrail riverbank in Akbar Nagar, Lucknow, which will affect approximately 15,000 residents. The order reinforces an earlier decision by the Allahabad High Court, emphasizing the complexities of urban encroachment and environmental conservation intertwined in this case.
The Supreme Court stipulated clear conditions to safeguard the affected residents: those who have applied for alternative housing should not be evicted without being provided with another residence. This clause aims to mitigate the immediate impact on the displaced community.
The legal proceedings, presided over by Justice Sanjiv Khanna and Justice Dipankar Dutta, addressed various aspects of the relocation issues raised by the encroachers. Justice Khanna remarked,
“You are getting what encroachers get. You are getting alternate accommodation.”
He pointed out that the relocation area, though initially considered peripheral, had similarly developed over time to become central, drawing a parallel to the disputed land’s own evolution within urban settings.
Advocate MR Shamshad, representing the petitioners, challenged the classification of the area as a floodplain. He argued that the presence was based more on a nullah (drain) than a river, asserting,
“After 40 years of my existence there, it is declared as a floodplain.”
However, the bench highlighted historical oversights and comprehensive investigations that informed the current ruling.
![[BREAKING] Demolition of Akbar Nagar in Lucknow | SC Upholds Allahabad HC's Order](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/05/image-10.jpeg?resize=820%2C461&ssl=1)
In support of its decision, the court referenced an affidavit from March 2024 by the Lucknow Development Authority and the State of Uttar Pradesh. It included satellite imagery of the rivulet and its catchment areas, demonstrating that the nullah originates from a natural spring and passes through a reserve forest before entering the urban area of Lucknow, thus supporting its designation as a river.
The judgment also detailed the risks posed by illegal constructions, including previous floods in the area and the proximity of a sewage treatment plant (STP), which further justified the need for clearing the floodplain. The Supreme Court concluded that the colony was indeed built on a floodplain, noting that the petitioners lacked any legal title or document, with their claim resting solely on adverse possession.
The Allahabad High Court at Lucknow had earlier disposed of several petitions challenging the demolition, directing the authorities to ensure alternative accommodation for the residents, reflecting the judiciary’s approach to balancing development with displacement.
This judgment marks a significant step in addressing the challenges of illegal urban expansion and environmental preservation, setting a precedent for similar cases nationwide.
Click Here to Read Previous Reports on Akbar Nagar
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