Allahabad High Court orders demolition of illegally constructed lawyers' chambers in Lucknow

The Allahabad High Court has ordered demolition of around 72 illegal lawyers' chambers near the District and Sessions Court in Lucknow [Anuradha Singh and Others v State of UP and Others].

A Division Bench of Justice Rajesh Singh Chauhan and Justice Rajeev Bharti also warned lawyers of action if they obstructed the removal of the encroachments by the Lucknow Municipal Corporation. 

The Court said that the demolition exercise should be carried out on a Sunday so that the judicial work is not hampered or disturbed.

“The specific date of demolition may be apprised to those encroachers so that they could cooperate in such demolition drive. It is made clear that if on the date of demolition, any encroachers or their associates adopt any illegal device or involve in any illegal activity, the needful action may be taken against them, which is permissible under the law,” the Bench said.

However, the Court also said that the lawyers working from the illegal chambers may first be given another opportunity to vacate them or make a valid claim of possession. It ordered the issuance of a fresh notice to all the 72 encroachers in writing within a week. 

In May, the district court lawyers had clashed with Uttar Pradesh Police personnel to prevent the demolition of illegal chambers in Lucknow’s Qaiserbagh area. The action is being taken on orders of the High Court.

In an order passed in April, the Court observed that people were suffering due to illegal encroachment on the public pathway near the District and Sessions Court in Lucknow. 

On August 4, the Lucknow Nagar Nigam told the Court that more than 100 illegal chambers have already been demolished in the area.

It added that initially notice was given only to 72 encroachers and that most of them are advocates who have constructed chambers or shops in the area in question. The municipality counsel, however, added that only 14 of the 72 chambers or shops were demolished.

Advocate Shailendra Singh Chauhan said even those 14 chambers have again been encroached. He added that administrative and police support was necessary to remove these encroachments.  

Considering the request, the Court said the Commissioner of Police, Lucknow, the District Magistrate and the Municipal Commissioner shall coordinate regarding the necessary steps required to ensure that no law and order situation is created.

The matter will be heard next on September 10.

Advocate Jyotiresh Pandey appeared for Central Bar Association, Lucknow. Senior Advocate HGS Parihar, with Advocate Divyarth Singh Chauhan, appeared for Lucknow Bar Association.

Advocate Shailendra Singh Chauhan appeared for the Lucknow Nagar Nigam.

Advocate Bipul Kumar Singh appeared for the State government.

[Read Order]