Supreme Court refuses to interfere with Allahabad HC order on demolition of illegal lawyers’ chambers in Lucknow

The Supreme Court on Tuesday refused to interfere with an Allahabad High Court order directing the demolition of around 72 illegal lawyers’ chambers near the District and Sessions Court in Lucknow [Central Bar Association v. State of UP & Ors].

A Bench of Justices Vikram Nath and Sandeep Mehta refused a request to refer the dispute to mediation and advised the lawyers occupying the unauthorised structures to vacate them peacefully.

It also told the petitioners that the encroachments could not be allowed to continue merely because those occupying them held positions in the local bar association.

“Where is this offending construction situated? You tell us. You occupy the main road, you occupy the open space inside the court premises, raise unauthorised construction and then say I am elected as the president of the association, I am member of the governing body and therefore I have a right to continue. No. All demolitions have to take place,” Justice Nath said.

Justice Nath added that he had personally witnessed the extent of such encroachments during his time as a judge in the State.

“I have seen it myself when I was there for two years as a senior judge. I know what kind of constructions, how the roads have been obstructed, traffic is completely obstructed. Demolition has to take place,” he said.

Senior Advocate Adish Aggarwala suggested that an alternative location could be allotted to the lawyers. Justice Nath, however, said that the lawyers could approach the State government for assistance in acquiring land rather than occupying public spaces.

“You go and purchase some lands for the lawyers over there. Go and request the State government to provide you a society for that,” he said.

When counsel sought that the matter be referred to mediation, Justice Nath rejected the suggestion outright.

“Mediation with lawyers! No. Dismissed,” he said.

Justice Mehta questioned who was responsible for protecting court premises if lawyers themselves were encroaching upon them.

“Who is going to protect the court’s precincts? If it is encroached in this manner. Who is responsible? Lawyers don’t have any kind of qualms,” he said.

Justice Mehta then recalled an instance from a visit to a district court in Rajasthan where a lawyer had allegedly converted the parking space meant for district judges into his own chamber.

The Court was hearing a challenge to directions issued by the Allahabad High Court concerning illegal constructions near the Lucknow District and Sessions Court. The High Court had earlier directed the Lucknow Municipal Corporation to remove the encroachments and said that the demolition should be carried out on a Sunday so that judicial work was not disturbed. It had also warned that action could be taken if lawyers or their associates obstructed the demolition exercise.

At the same time, the High Court had directed authorities to give the 72 identified occupants a fresh opportunity to vacate the structures or establish a valid claim of possession.

The issue had gained prominence after lawyers clashed with Uttar Pradesh Police personnel in May when an earlier attempt was made to remove the unauthorised chambers in the Qaiserbagh area.

The Lucknow Nagar Nigam subsequently told the High Court that more than 100 illegal chambers had been demolished in the area. It said, however, that of the 72 chambers or shops for which notices had initially been issued, only 14 had been removed and some had allegedly been re-encroached upon.

The High Court had consequently directed the Lucknow Police Commissioner, District Magistrate and Municipal Commissioner to coordinate to ensure that the removal exercise did not result in a law and order situation.

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