Supreme Court orders demolition of illegal constructions at Lucknow court premises
Synopsis
Key Takeaways
The Supreme Court on Tuesday, 25 August dismissed a plea by the Central Bar Association, Lucknow, challenging action against unauthorised constructions and encroachments by lawyers on public pathways and utility land within the Lucknow court premises. The bench directed lawyers occupying illegal structures to vacate them peacefully and made clear that all demolitions must proceed.
What the Court Ruled
A bench of Justice Vikram Nath and Justice Sandeep Mehta dismissed the plea outright, rejecting any suggestion that lawyers could claim a right to occupy unauthorised structures on the basis of their positions in the bar 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 bench observed.
Justice Vikram Nath went further, citing personal knowledge of the situation: '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.'
Requests Rejected Outright
Senior advocate Adish Aggarwala, appearing for the association, sought that an alternate location be allotted to the displaced lawyers. The bench responded: '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 Aggarwala proposed referring the matter to mediation, the court was categorical: 'Mediation with lawyers! No. Dismissed.' The bench advised the lawyers to vacate the structures peacefully without further delay.
Background: Allahabad High Court Proceedings
The Supreme Court plea arose from ongoing proceedings before the Allahabad High Court, which had been monitoring the removal of unauthorised chambers and shops allegedly constructed by lawyers and others within the court complex.
According to the High Court's order dated 4 August, more than 100 illegally constructed chambers had already been demolished pursuant to its directions. However, of the 72 encroached chambers and shops initially identified, only 14 had been removed at the first stage, with advocates allegedly creating obstruction and hindrance during the exercise.
The High Court had directed the remaining 72 encroachers to either vacate voluntarily or establish a valid claim to occupy the structures — failing which, demolition would follow. To avoid disruption to judicial proceedings, the exercise was ordered to be carried out on a Sunday.
Administrative Machinery Mobilised
The Allahabad High Court had directed the Lucknow Commissioner of Police, the District Magistrate, and the Municipal Commissioner to coordinate the demolition drive and provide administrative and police support to prevent any law-and-order situation from arising.
With the Supreme Court now firmly closing the door on legal challenges, the remaining unauthorised structures at the Lucknow court premises are expected to face demolition in the coming days.