Last Updated on February 28, 2024 by News Desk
Issue:
A petition against the destruction of business buildings in Lucknow’s Akbar Nagar is brought before the Supreme Court. The demolition was started by the Lucknow Development Authority (LDA) after the Allahabad High Court rejected the appeals of twenty-four tenants.
Facts of the Case:
The Allahabad High Court dismissed the appeals of twenty-four tenants, granting the LDA permission to move on with demolishing purportedly unlawful premises. As a result, the LDA started the process of demolishing Akbar Nagar. Immediately following the high court’s decision, Senior Advocate S Muralidhar expressed reservations over the demolition’s hasty pace. The Supreme Court did note that the special leave petition hadn’t yet been brought to their attention.
Initially, claiming to be slum dwellers, the residents had gone to the high court to contest the LDA’s demolition orders. But a high court division bench denied their plea, claiming the petitioners had not given correct information about their legal standing and the legitimacy of their businesses.
Arguments Presented by Parties:
Before the supreme court, the residents contended that since they lived in shantytowns, they should have been shielded from the reconstruction. The petitioners’ request was rejected because the court discovered inconsistencies in the facts they had submitted. However, the LDA argued that the destruction was justified since the whole region was illegal because of development on the banks and riverbed of Kukrail.
Judgment Delivered by Court:
The Supreme Court directed that the registrar general be consulted on the plea contesting the demolition before it is listed. The court promised that the case will be considered once it was listed. The tenants’ inability to demonstrate their identity as slum residents or the legitimacy of their enterprises prompted the Allahabad High Court to reject the case. The court stressed that it was clear from looking over the records that the petitioners were not slum inhabitants nor did their businesses belong in the defined slum area. The high court affirmed the demolition orders as a result.
Written By: Nikita Shankar @nikitaashankar
