New Delhi: The Supreme Court on Thursday cited the issue of unauthorised colonies in Delhi, while asking the Lucknow Development Authority (LDA) to halt demolishing houses in Lucknow’s Akbar Nagar till the high court verdict is pronounced. The apex court observed that a roof over head is a basic right and land in almost all occasions is virtually with the government and due to this, land prices are very high.
A bench led by Justice Sanjiv Khanna observed that there are complexities involved in urban development and communities who migrate to cities in search of economic opportunities often face challenges. “Let us be clear on housing…. Our urbanisation policies have flaws. Really speaking, we have not provided for economically weaker sections….somewhere, we will have to ensure…Everyone knows that migration takes place to the cities," noted the bench.
Justice Khanna said that there is a failing on the part of the government, as land in almost all occasions is with the government, and further questioned, why are there so many unauthorised colonies in Delhi? “Because Delhi Development Authority (DDA) was not able to...We'll have to accept that….” The bench observed: "A roof over your head, a shelter is a basic right and land in almost all occasions is virtually with the government, there are very few private developments and due to this, land prices are very high".
Additional Solicitor General (ASG) KM Nataraj, representing the Uttar Pradesh government, contended before the bench that 23 commercial properties have been demolished by the LDA. The state’s counsel informed the court that the land belongs to the government and people had put up illegal commercial constructions on the riverbank without license or permission. It was argued that the petitioners challenged the demolition order, but they were unsuccessful and all authorities have found that these are illegal constructions.
The state’s counsel said that out of the 24 commercial buildings with respect to which the high court passed its order, 23 have already been pulled down. Senior advocate Shoeb Alam, representing some petitioners, pointed out that houses were also being demolished along with commercial buildings and added that there were shops in the front but there are people staying at the back.
The bench told the state government counsel that as far as commercial buildings are concerned, where notices have been given, the authorities can proceed. “But, as far as houses are concerned, you give them seven days' time,” said the bench. A petitioner moved the apex court against the proposed demolition of the last remaining commercial structure out of 24 properties.
Regarding this plea, the bench said that on or after midnight of March 4, LDA would be entitled to demolish the property. It added that pre and post demolition, they shall take photographs and make a list of belongings found inside the property and petitioners would be entitled to take those belongings after signing the said list. Regarding another petition, the bench said no demolition of houses should happen until the high court verdict is pronounced.
The second petition was filed against a high court division bench modifying an earlier stay order by a single judge bench to apply only to the litigants before the court. This matter is currently pending before the Allahabad High Court, which reserved its verdict. Citing that many people are poor, the apex court asked the state government to not take any precipitative action and wait till the high court judgment is pronounced.
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