The Supreme Court upheld the Lucknow Development Authority’s decision to demolish Akbar Nagar, a settlement along the Kukrail river bank, affecting around 15,000 residents as held in Shakeel Ahmad and Ors vs State of Uttar Pradesh and Ors. Justices Sanjiv Khanna and Dipankar Datta affirmed the Allahabad High Court’s ruling, stating the colony was built on a floodplain without proper documentation, relying on adverse possession claims.
The Court declined to interfere with the eviction and demolition order, citing the lack of legal title or documents supporting the residents’ claims.
The Supreme Court reviewed an appeal against a March 6 Allahabad High Court ruling instructing residents affected by the Akbar Nagar relocation project in Lucknow to vacate by the end of March. The High Court deemed them unauthorized occupants on government land, suggesting they seek alternative housing.
During the Supreme Court hearing, Justice Khanna noted that affected residents were offered similar alternative accommodation to encroachers. The petitioners’ counsel argued that the new accommodation was distant from Akbar Nagar. Justice Khanna countered by highlighting that the encroached location was also initially distant from the city before becoming central.
The counsel pointed out that the State was collecting taxes from residents, but Justice Khanna clarified that these taxes were for services, not land ownership. Advocate MR Shamshad then mentioned a report disputing the classification of the Kukrail river area as a floodplain, claiming it was a nullah.
However, the Court referenced satellite imagery to affirm the floodplain classification.
Consequently, the Court upheld the demolition order, declining to intervene with the High Court’s decision.
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