Advertisement
When should a housing society in Mumbai start considering re...
From GST on JDAs to SEBI’s REIT reclassification and the S...
Stay ahead in the world of real estate with our daily podcas...
Stay ahead in the world of real estate with our daily podcas...
The Allahabad High Court rebuked the Lucknow Development Authority and Lucknow Municipal Corporation for delaying the demolition of illegal structures declared unlawful decades ago. The court demanded the principal secretary of housing and urban planning outline measures to address illegal constructions and prevent future violations. Highlighting urban planning as the state's primary responsibility, the court pointed out the need for proactive governance to ensure public welfare. It expressed dismay over the failure to enforce demolition orders issued in 2012 and warned of strict accountability. The case underscores the urgent need for effective urban regulation and adherence to developmental norms.
The Allahabad High Court has expressed deep dissatisfaction with the prolonged delay by the Lucknow Development Authority (LDA) and the Lucknow Municipal Corporation (LMC) in demolishing illegal constructions declared unlawful decades ago. Despite clear orders for their removal, these constructions persist. The Lucknow bench described the situation as "unpleasant" and noted that the problem may have worsened over time. Advertisement
Highlighting the issue as a matter of public interest, the bench urged the state government to establish an effective mechanism to advance planned development and maintain healthy living standards in urban areas. A bench comprising Justices A.R. Masoodi and Subhash Vidyarthi directed the principal secretary of the Department of Housing and Urban Planning to submit a personal affidavit. The affidavit must outline the measures the state government plans to implement to address unlawful constructions and enforce the already issued demolition orders.
The court issued the directive while hearing a Public Interest Litigation (PIL) that Lt. Col. Ashok Kumar (Retd.) filed in 2012. It also directed the principal secretary to provide an explanation in the affidavit, outlining how the development authorities failed to notice the large-scale unapproved constructions. Additionally, the bench demanded a detailed plan to prevent future violations, specifically addressing the conversion of residential areas into multi-story or commercial structures without the necessary development plan approvals.
The court set February 10 as the deadline for the next hearing and warned the principal secretary that failure to file the affidavit by the specified date would require his personal appearance in court, along with all relevant records. Earlier, the bench stressed that urban planning falls primarily under the state's responsibility, carried out through developmental and local bodies governing specific areas. These authorities must regulate construction plans, drainage systems, and roads as part of their core duties to ensure public welfare.
The court firmly stated that any negligence by development or local authorities in monitoring and preventing unlawful constructions or encroachments would not go unnoticed or unaddressed. The bench expressed serious concern while reviewing a list of prohibited constructions, for which it had issued demolition orders as far back as 2012. The court noted with dismay that the authorities failed to provide any explanation for their inability to enforce these orders.
The court underscored the critical need for accountability and vigilance in urban governance, cautioning against any further disregard for legal and developmental norms. This case serves as a stark reminder of the judiciary's role in safeguarding public interest and enforcing compliance with urban planning laws.
5th Jun, 2025
25th May, 2023
11th May, 2023
27th Apr, 2023
Advertisement
Facebook
Whatsapp
