The Allahabad High Court has directed the unauthorised occupants of Akbar Nagar area (Lucknow District) to vacate the land owned by the Lucknow Development Authority (LDA) by or before the mid night of March 31, 2024.

The bench noted the petitioners-Slumdwellers, before the Court were unauthorized occupants of the government land, without any right on the same. And at best, all they could claim is an alternative place to live.

Accordingly, the bench directed all the residents of Akbar Nagar 1 and 2 to vacate the disputed premises on or before the mid night of March 31, 2024. Pursuant to which it will be open for the Lucknow Development Authorities to clear the said area.

A bench of Justice Vivek Chaudhary and Justice Om Prakash Shukla of the Lucknow Bench observed, “…the rights of these two groups are to be settled in the best possible manner. The Courts have repeatedly emphasized and upheld the necessity of clean environment including clean water. It is regarded as our duty towards future generations to come. No individual or group of persons can be permitted to violate the same. The NGT has duly noted the same and emphasized for action. The right of clean drinking water of the present and future generations of Lucknow, therefore, has to be protected. On the other hand, petitioners before this Court are unauthorized occupants of government land, without any right on the same. At best, all they can claim is an alternative place to live…”.

The bench further noting that the respondent authority implemented a rehabilitation policy offering EWS flats to all individuals categorized as Below Poverty Line (BPL) said that the fundamental right of the petitioners is also protected by the authorities.

As per the policy, the flats, valued at Rs. 15 lakhs, are provided under the 'Pradhan Mantri Awas Yojana' at a subsidized cost of Rs. 4.18 lakhs to the petitioners. To obtain possession, a registration fee of Rs. 5,000 is required, with the remaining amount payable in equal monthly instalments over ten years, amounting to Rs. 4,000 per month. The policy extends to non-BPL individuals as well, who are offered suitable flats with payment options in easy instalments, ensuring the protection of the fundamental rights of all petitioners and other eligible individuals.

However, for the petitioners it was argued that the sudden eviction may pose financial challenges for some individuals while highlighting difficulties in affording initial payments and completing instalment payments within the given timeframe. Additionally, it was suggested that individuals who do not qualify as Below Poverty Line (BPL) beneficiaries should still have access to Economically Weaker Section (EWS) flats if they face financial constraints.

Therefore, acknowledging the concerns raised by the petitioners and the bench decided to address them accordingly, The Court said that the individuals being relocated from the Akbar Nagar slums and applying for Economically Weaker Section (EWS) accommodation will be granted such housing. Additionally, to alleviate financial constraints, EWS flats will be provided upon an initial registration deposit of Rs. 1,000 instead of Rs. 5,000. Furthermore, if EWS allottees encounter difficulties in paying instalments within the stipulated ten-year period, authorities were directed to extend the period for up to an additional five years. Those still facing financial challenges may apply for relief through the Chief Minister's Beneficiary Fund or other applicable schemes.

“We also extend the benefit of rehabilitation scheme to other residents of Akbar Nagar who have not approached the Court”, the bench further directed.

Senior Counsel J.N. Mathur appeared for the petitioners and Senior Counsel Ratnesh Chandra appeared for the respondents.

In the bunch of writ petitions filed by the slum dwellers of Akbar Nagar-1 and 2 challenged the demolition orders issued by LDA and sought for quashing the rehabilitation scheme framed by the authorities. Another direction that was prayed for was to prepare and implement a rehabilitation scheme in accordance with the provisions of the U.P. Slum Areas (Improvement and Clearance) Act, 1962 (hereinafter referred to as 'the Act of 1962') read with the U.P. In-Situ Slum Redevelopment Policy, 2021

In the present matter, the dispute between the parties arose from the characterization of the Kukrail water channel as either a river or a nala (drain). The Kukrail water channel originates from Village Asti, Tehsil Bakshi Ka Talab, District Lucknow, and eventually merges into the Gomti river. Over time, including around the disputed Akbar Nagar area, open drains are discharged into the water channel, transforming it into an urban open sewer that ultimately flows into the River Gomti.

Slum dwellers-petitioners, unlawfully occupied the banks of the Kukrail water channel and constructed buildings without legal approval on the government-owned land. Pertinently, the petitioners conceded that they lack any title to the occupied land, and their constructions are unauthorized and illegal.

While the respondents argued that the matter not only involved merely a case of fundamental rights under Article 21 of the petitioners for a place to live, but, also the right to clean drinking water, as a fundamental right under Article 21, of every resident and visitor of Lucknow, who are not even represented in the matter. Therefore, further argued that the present matter cannot be decided merely on procedural technicalities.

Resultantly, the bench directed that “the applications under the rehabilitation scheme shall be filed by the petitioners and other similarly situated persons within a period of two weeks from today and simultaneously, the respondents shall proceed to make allotment of flats for rehabilitation and the entire process of shifting be completed positively by 31.3.2024”.

Appearances:

Petitioner: Senior Counsel J.N. Mathur, assisted by Sri Apoorva Tiwari and Ms. Aishvarya Mathur, Sri Amrit Khare, Sri Kazim Ibrahim, Sri Gaurav Mehrotra, Ms. Maria Fatima, Utsav Mishra, Ms. Pushpila Bisht, Sri Akshay Kumar Singh, Sri Mudit Agarwal, Sri Amrendra Nath Tripathi, Sri Shakeel Ahmad Jamal, Sri Amiruddin Khan, Sri Shitla Prasad Tripathi, Sri Shahid Raza, Sri Raj Kumar Singh Suryavanshi, Ms. Shweta Shukla, Sri Shadab Haider, Sri P.C. Maurya, Sri Anshuman Srivastava, Sri Mohd. Murtaza Hasan, Ms. Sadiya Khan, Sri Ruved Kamal Kidwai, Sri Pawan Kumar Dwivedi, Sri Anupam Bajpai, Ms. Shradha Mishra, Sri Gibran Akhtar Khan, Sri Inam Uddin Ahmad, Sri Akber Ahmad, Sri Harsh Vardhan Kediya, Sri Alok Kumar, Sri Pradeep Kumar Srivastava, Sri Rinku Verma, Sri Rajat Srivastava, Sri Ayush Srivastava, Ms. Nandini Verma, Ms. Surabhi Rawat, Ms. Jyoti Rajpoort, Sri Rehan Ahmad Siddiqui, Ms. Nisha Tiwari, Sri Sachida Nand, Sri Mohd. Salman, Ms. Gursimran Kaur, Sri Karan Agarwal, Sri Sheeran Mohiuddin Alavi, Sri Mohd. Mohsin and Sri Ausaf Ahmad Khan

Respondent: Senior Counsel Ratnesh Chandra, Advocates Sudeep Kumar, Anuj Kudesia, Sankalp Mishra, Ishan Singh Popli, counsel for the LDA, Sri Namit Sharma assisted by Ms. Priyanka Vikram Singh, counsel for the Nagar Nigam, Lucknow and Sri Shailendra Kumar Singh, Chief Standing Counsel assisted by Sri Pratyush Chaube appearing for the State

Cause Title: Raju Sahu And Others v. State Of U.P. Thru. Prin. Secy. Deptt. Urban Employment And Poverty Alleviation Program Lko And Ors [Neutral Citation No. - 2024:AHC-LKO:20204-DB]

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Justice Vivek ChaudharyJustice Om Prakash ShuklaAllahabad High Court

Agatha Shukla