New Delhi: The Supreme Court on Friday upheld the Lucknow Development Authority’s decision to carry out demolition at Akbar Nagar in Lucknow, affecting several thousand people, saying it is in agreement with the high court, which held that the colony has been constructed on a floodplain area.
A bench comprising Justices Sanjiv Khanna and Dipankar Datta told advocate Prashant Bhushan, representing one of the petitioners, that the affected people are getting an alternate accommodation.
The bench said that it is in agreement with the Allahabad High Court's decision that the colony has been constructed on a floodplain area and the petitioners do not have any document or title and the claim is based on adverse possession. “Thus, we are not interfering with the impugned judgment so far as it directs eviction and demolition of the colony”, said the bench.
Bhushan vehemently argued that people in the area were paying taxes and electricity bills, yet they have been asked to vacate and stressed that they have been living over there for nearly 40 years.
Justice Khanna said that does not mean they have been given ownership of the land. The bench noted that 1500 applications were found eligible for alternative accommodation and 706 are under scrutiny by the concerned authorities.
The bench stressed that proper scrutiny should be done by the authorities and dwellers not to be removed till alternate accommodation is given. It added that after the alternate accommodation is given the dwellers must hand over possession and in case they fail to do so, Lucknow Development Authority can take action in accordance with law.
The bench said the amount payable by dwellers was also raised and it has been explained that dwellers will have to pay an amount of Rs 4.79 lakh, over a period of 15 years, as per directions of the high court. The bench noted that substantial subsidy has been provided to reduce the amount payable by dwellers.
The bench said it is pointed out that there are other areas where encroachments have come on the floodplains of the Gomti River in areas of Lucknow and even in the catchment area.
“The state of UP will undertake a survey of said encroachments and file details along with an affidavit before Allahabad High Court within a period of 3 months from today....”, said the bench.
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