Supreme Court Orders Demolition of Unauthorized Constructions; Grants Time for Removal of Belongings

In a significant ruling, the Supreme Court today directed the demolition of unauthorized constructions in a case involving the Lucknow Development Authority (LDA), while also allowing time for the removal of belongings.

Legal Point of Judgement: The crux of the judgment revolves around the demolition of unauthorized constructions on government/LDA owned land. The court focused on the legality of the constructions and the rights of the occupants, particularly those not classified under the Economically Weaker Section (EWS).

Facts and Issues: The case arose from the impugned judgment dated 27^th February 2024, in which 24 commercial or commercial-cum-residential establishments were ordered to be demolished. The Supreme Court noted that 23 of these had already been demolished. The petitioner, Vishnu Swaroop Chaurasia, was among those affected by this order. The key issue was the legality of the constructions on the land owned by the government/LDA and the right to alternative accommodation for eligible persons.

Court Assessment: The Court observed, “The constructions, therefore, will be unauthorized and illegal.” It acknowledged that the land in question is owned by the government/LDA and not by the petitioners. The bench comprising Hon’ble Mr. Justice Sanjiv Khanna and Hon’ble Mr. Justice Dipankar Datta emphasized the need for adherence to legal constructions and the provision of alternative accommodation for eligible persons. The Court directed, “Vishnu Swaroop Chaurasia will be entitled to remove his belongings on or before midnight of 04.03.2024.” Furthermore, the Court instructed the LDA to take photographs and list the belongings before and after demolition, ensuring a record is kept.

Decision: The Court ordered the demolition of the unauthorized property post-midnight of 4^th March 2024, while allowing time for occupants to remove their belongings. It was also directed that this order would apply to 23 other similar cases, provided the parties abide by the order and give an undertaking to the LDA. The Court disposed of the special leave petition with these directions.

Date of Decision: 29^th February 2024

Vishnu Swaroop Chaurasia vs. State of U.P. & Ors.