Illegal constructions at Lucknow court premises have to be demolished, rules SC
New Delhi, Aug 25 (IANS) The Supreme Court on Tuesday refused to entertain a plea filed by the Central Bar Association, Lucknow, challenging proceedings concerning illegal constructions and encroachments by lawyers on public pathways and utility land in the court premises in Lucknow.
A bench of Justices Vikram Nath and Sandeep Mehta dismissed the plea, while directing the lawyers occupying the unauthorised constructions to vacate them peacefully.
During the hearing, senior advocate Adish Aggarwala sought that an alternate place may be allotted to the lawyers.
However, the Justice Vikram Nath-led Bench said the lawyers could not claim a right to continue occupying unauthorised structures merely on account of holding positions in the association.
“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 a member of the governing body, and therefore I have a right to continue, no,” the apex court observed.
The Supreme Court made it clear that the unauthorised constructions would have to be removed, remarking that such structures had obstructed roads and traffic.
“All demolitions have to take place. 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,” Justice Vikram Nath said.
When Aggarwala suggested that an alternate place could be allotted, the top court remarked: “You go and purchase some lands for the lawyers over there. Go and request the state government to provide you a society for that.”
When the senior counsel requested that the matter be referred to mediation, the bench rejected the suggestion.
“Mediation with lawyers! No. Dismissed,” the apex court said, advising the lawyers to vacate the unauthorised structures peacefully.
The plea before the Supreme Court arose against the backdrop of proceedings before the Allahabad High Court concerning unauthorised chambers and shops allegedly constructed by lawyers and others in the area.
The Allahabad High Court had recorded that 72 encroachments had initially been identified, with only 14 removed at the first stage due to obstruction and hindrance allegedly created by advocates. In its order passed on August 4, the High Court recorded that more than 100 illegally constructed chambers had been demolished pursuant to its directions, while stating that, out of the 72 encroached chambers/shops initially identified, only 14 had been demolished and the remaining structures could not be removed because of agitation by advocates.
It had directed that the remaining 72 encroachers be given another opportunity either to vacate the chambers/shops or establish a valid claim to occupy them. It said that if they failed to do so, the illegal structures could be demolished.
The exercise was directed to be undertaken on a Sunday so that judicial work was not hampered.
The High Court had also directed the Lucknow Commissioner of Police, District Magistrate, and Municipal Commissioner to coordinate the exercise and provide necessary administrative and police support to ensure that no law and order situation arose.
–IANS
pds/vd