Introduction:

In a recent ruling, the Supreme Court addressed the demolition drive conducted by the Lucknow Development Authority (LDA) against unauthorized constructions in the Akbarnagar area of Lucknow city. The case highlighted the necessity for rehabilitation of slum dwellers affected by the demolition, while also emphasizing the importance of maintaining environmental integrity.

Arguments:

The petitioners, represented by advocates Prashant Bhushan and MR Shamshad, contested the demolition orders issued by the LDA, citing concerns about the distance of alternative accommodation and their longstanding occupancy. However, the court observed that the petitioners lacked ownership rights over the land and emphasized the need for compliance with environmental regulations.

The LDA, on the other hand, justified the demolition drive by citing illegal construction on the Kukrail riverbed and banks, which posed a threat to the cleanliness of the water channel merging with River Gomti. The authorities highlighted the imperative to safeguard residents’ access to clean drinking water and proposed rehabilitation measures for the affected slum dwellers.

Court’s Judgement:

The Supreme Court, while upholding the demolition drive, clarified that no slum dweller should be evicted without being provided alternative accommodation. It directed the LDA to scrutinize all rehabilitation applications and ensure allotment of alternative accommodation to eligible persons before eviction. Additionally, the court mandated the removal of unauthorized encroachments in other floodplain areas of Lucknow, underscoring the importance of environmental preservation.