Court Directs Lucknow Nagar Nigam and District Administration to Expedite Action Against Unauthorized Structures
In a significant ruling, the Allahabad High Court, presided by Justices Rajesh Singh Chauhan and Rajeev Bharti, has issued directions for the immediate removal of illegal encroachments in Lucknow, emphasizing the enforcement of the rule of law against unauthorized structures. The decision came in response to a writ petition concerning the alleged illegal encroachment near the District and Sessions Court premises in Lucknow.
The court, in its judgment dated March 11, 2026, addressed the urgent need to tackle unauthorized encroachments that have proliferated in public pathways and government lands. The bench underscored the principle that while notice is typically required before demolition of authorized structures, illegal encroachments on public pathways and government lands can be removed immediately without prior notice to uphold the rule of law.
Counsel for Lucknow Nagar Nigam, Shailendra Singh Chauhan, provided a detailed inspection report, which identified 72 encroachers, including several advocates and shops providing services like photocopying and computer typing. The court noted that these encroachments disrupt public order and necessitate swift legal action.
The court directed the Lucknow Nagar Nigam to serve notices to the encroachers, affix notices on the encroached structures, and publish the notices in widely circulated newspapers. The Nagar Nigam was also instructed to seek necessary assistance from the district administration and police to ensure compliance. The progress of these actions is to be reported through an affidavit by a Class-II officer or higher before the next listing.
Furthermore, the court addressed a related criminal matter involving Anuradha Singh and others, where allegations under the SC/ST Act were scrutinized. The bench observed that prima facie no offense under the SC/ST Act was made out against the female petitioners based on the conversation and circumstances presented. Consequently, the court ordered that no coercive steps be taken against the petitioners until further orders.
This judgment highlights the court's commitment to preserving public order and safeguarding legal rights while ensuring that unauthorized actions do not go unchecked. The case is set to be listed again on April 7, 2026, for further proceedings and updates on the encroachment removal efforts.
Bottom Line:
Directions issued to Lucknow Nagar Nigam and District Administration for immediate removal of illegal encroachments, emphasizing the rule of law and enforcement against unauthorized structures without prior notice.
Statutory provision(s): Section 115(2), Section 352, Section 324(4) BNS, Sections 3(1)(d), 3(1)(g), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989, Section 174(3) BNSS, 2023, Section 296, Section 351(2), Section 74 BNS.
Anuradha Singh v. State Of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2871097
