Allahabad High Court: Lucknow Court Encroachment Removal Ordered

• The Allahabad High Court's Lucknow bench ordered the removal of all remaining illegal encroachments around the Lucknow District and Sessions Court complex and surrounding public institutions.
• The directive, issued on September 10 by Justices Rajesh Singh Chauhan and Rajeev Bharti, mandates notice and an opportunity for occupants to establish valid claims before demolition.
• The Lucknow Municipal Corporation has already removed 71 encroachments, but the court insists on clearing all structures covered by its April 7 order.
• Occupants must receive at least 10 days' notice, with provisions for public notification, before any demolition can occur, based on principles of natural justice.
• Authorities are tasked with completing the removal expeditiously, preferably within five weeks, with the next hearing scheduled for October 26.

The court underscored that these essential safeguards, rooted in the principles of natural justice, must be strictly adhered to before any removal proceeds.

The Allahabad High Court's Lucknow bench has issued a directive for the comprehensive removal of all remaining illegal structures surrounding the Lucknow District and Sessions Court complex. This significant order, delivered on September 10 by a division bench comprising Justices Rajesh Singh Chauhan and Rajeev Bharti, specifies that any demolition activity must be preceded by a formal notice and afford occupants a legitimate opportunity to assert valid claims over their properties. The court's mandate extends beyond the immediate court premises, encompassing a broad area that includes the Old High Court Campus, Collectorate, Board of Revenue, Old Sadar Tehsil Campus, Sub-Registrar Office, Commissionerate, Residency Power Sub Station, Balrampur Hospital, and the Kaiserbagh Bus Station.

The directive emerged from a hearing that combined a criminal writ petition, which the court had reclassified as a public interest litigation (PIL), with an existing PIL specifically addressing encroachments in the Kaiserbagh area. The original PIL, identified as PIL No. 1086 of 2025, had initially sought the removal of alleged illegal encroachments from the eastern boundary wall and land of the BSNL Telephone Exchange Building in Kaiserbagh, citing critical safety and security concerns. The court had previously, in an order dated April 7, instructed authorities to clear illegal encroachments from the entire vicinity of the District and Sessions Court, noting that public pathways were obstructed, causing considerable hardship to the general public utilizing these essential institutions and facilities.

During the recent proceedings, the Lucknow Municipal Corporation provided an update on its enforcement efforts, reporting the removal of 14 illegal constructions, followed by an additional 57 encroachments, bringing the total to 71. Photographic evidence of these actions was presented to the bench. The corporation confirmed that these removals were carried out in compliance with the court's August 4 order. Furthermore, it was reported that illegal structures situated between Swasthya Bhawan Crossing, Collectorate Crossing, Bus Stand Crossing, and Chakbast Crossing had already been cleared.

Despite these actions, the court emphasized that the removal exercise must not cease. It clarified that all illegal encroachments identified in its April 7 order must be addressed, reiterating the necessity for authorities to adhere to the safeguards outlined in its August directive. The August 4 order had specifically addressed 72 remaining encroachers, acknowledging that while these chambers and shops were purportedly illegal, an additional opportunity should be granted for occupants to either vacate the premises or present a valid claim to retain them.

A cornerstone of the court's directive is the strict adherence to principles of natural justice. The court explicitly mandated that fresh notices be served to occupants, granting them a minimum of 10 days to respond. Should direct delivery of these notices prove impossible, they are to be affixed to the encroaching structures and published in both one Hindi and one English newspaper. Demolition would only be permissible if occupants neither vacated the premises nor successfully established a bona fide claim to their occupancy.

The court underscored that these essential safeguards, rooted in the principles of natural justice, must be strictly adhered to before any removal proceeds. To ensure a smooth and orderly process, the Lucknow Police Commissioner, District Magistrate, and Municipal Commissioner have been instructed to coordinate their efforts, providing all necessary police and administrative support to prevent any potential law-and-order disturbances during the exercise. Authorities are expected to complete this extensive removal process expeditiously, with a preferred timeline of within five weeks.

The court has set October 26 as the date for the next hearing, by which time significant progress on the encroachment removal is anticipated. This deadline underscores the urgency with which the court expects its directives to be implemented, aiming to restore public pathways and ensure the safety and security of the areas surrounding the Lucknow District Court complex and other key public institutions.

Separately, in relation to another writ petition under consideration, the State informed the court that a chargesheet had been prepared, indicating ongoing legal processes distinct from the primary focus on encroachment removal.

Lawyers representing clients with properties near the Lucknow District and Sessions Court complex should be prepared to advise on responding to demolition notices within the next five weeks, ensuring clients leverage the mandated opportunity to establish valid claims based on principles of natural justice.

Source: Original reporting via Live Law