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"चश्मे बद्दूर": Bulldozers target tall buildings, showrooms, madrasas on illegal land in Akbarnagar after CM Yogi's meet, despite to be 'poor' claims, LDA reveals 72 millionaires to the court, exposing a complex mix of legality and socio-economic dynamics

Interestingly, while several petitioners had informed the high court that they were poor, the Lucknow Development Authority submitted a list of 72 millionaires in the area who have been illegally occupying the govt land to the high court
 |  Satyaagrah  |  News
Multi-floor buildings, showrooms and madrasas built on illegally occupied land: Bulldozer action in Lucknow’s Akbarnagar after CM Yogi holds meeting
Multi-floor buildings, showrooms and madrasas built on illegally occupied land: Bulldozer action in Lucknow’s Akbarnagar after CM Yogi holds meeting

In a decisive move that underscores the Yogi government's firm stance against illegal encroachments, Lucknow's district administration has set its sights on the predominantly Muslim settlement of Akbarnagar. Situated strategically near the Kukrail river bridge, the area has come under intense scrutiny. A Municipal Corporation squad, bolstered by a strong police force, is at the ready, equipped with bulldozers and Poclain machines to undertake what many see as a necessary clean-up operation. However, the residents of Akbarnagar have been granted a temporary reprieve thanks to a stay order from the Lucknow Bench of the High Court. As legal proceedings continue, with the potential to extend this reprieve, the Municipal Corporation has begun marking 250 houses and shops with red crosses, a stark indicator of their lack of legal standing and the impending action.

The urgency of the situation escalated following a directive from the High Court, prompting the Lucknow Administration to act swiftly and decisively. With the cooperation of teams from the Municipal Corporation and other relevant authorities, a significant portion of the road from Polytechnic to Nishatganj was cordoned off. The use of batons to enforce this closure and the subsequent shutting down of shops in the area served as a palpable acknowledgment of the reality faced by those living or doing business on illegally acquired land. The atmosphere was tense, as residents witnessed the formidable presence of the Municipal Corporation squad and police force, a clear sign that the government is serious about reclaiming illegally occupied spaces for the betterment of the community and the city at large.

In a steadfast continuation of its campaign against unlawful occupancy and construction, the combined forces of the Lucknow Development Authority (LDA), Lucknow Municipal Corporation (Nagar Nigam), and the police have once again demonstrated their commitment to restoring legality and order in the city's landscape. This Monday, the 26th of February, marked a significant step forward in this endeavor as bulldozers roared to life in Lucknow's Akbarnagar, targeting several structures identified as illegal. This includes houses, madrasas, and shops that have overstepped legal boundaries, particularly in Akbarnagar I and II, encroaching upon the Kukrail River's vicinity.

From the heart of the action, visuals have emerged showing teams from the Lucknow Nagar Nigam and LDA embarking on the second phase of their demolition drive. This operation unfolds under the vigilant watch of the police, tasked with maintaining law and order during this critical process. The demolition drive is not just about removing illegal structures; it's an integral part of the broader vision to enhance and beautify the riverbed areas surrounding Lucknow, transforming them into spaces that the city's residents can be proud of.

A notable point of this operation is its focus on demolishing the illegal houses and shops of those who have not sought legal recourse by filing a plea in the high court against the LDA's action. This move underscores the administration's determination to proceed with demolitions in a manner that respects the legal process, targeting only those constructions whose illegality stands uncontested in the eyes of the law. According to a report by Jagran, Akbarnagar I and II are home to as many as 1068 illegal residential constructions, with some of these unauthorized structures boasting up to four storeys, alongside unlawfully established madrasas.

This operation in Akbarnagar is not just about the removal of physical structures; it's a statement of intent from the Yogi administration, emphasizing the rule of law and the importance of legal compliance in urban development. The action taken here reflects a broader commitment to ensuring that development and habitation within Lucknow, and indeed across the state, occur within the bounds of legality and fairness. For the residents of Akbarnagar and the wider community, this moment is a critical juncture, offering a chance to reflect on the importance of legal property ownership and the collective responsibility to uphold the integrity of urban spaces.

Bulldozer action after high-level meeting

Following a comprehensive review at a high-level meeting, involving key officials such as Divisional Commissioner Dr. Roshan Jacob, DM Surya Pal Gangwar, Municipal Commissioner Inderjit Singh, and LDA Vice President Dr. Indramani Tripathi on Saturday (24th February), the authorities have initiated a decisive crackdown on illegal constructions in Akbarnagar. This meeting led to a thorough examination of the documents related to the case of illegal encroachment in Akbarnagar, underscoring the Yogi government's unwavering commitment to rectify urban planning irregularities and enforce the rule of law.

High Court had allowed demolition action against illegal constructions of those who have not appealed against it

In a significant legal development, the Allahabad High Court, on 21st February, granted permission to the Lucknow Development Authority (LDA) to proceed against those illegal occupants of Akbarnagar who have not sought judicial relief. This decision, made by a division court comprising Justice Vivek Chaudhary and Justice OP Shukla, effectively modified a prior single bench order from 21st December of the previous year. The earlier order had restrained the state and LDA from evicting any occupants of Akbarnagar. However, in response to writ petitions by 800 occupants, the division bench clarified: “It is made clear that the LDA is free to take action against persons who have not approached this court.”

Striking Down Illegal Showrooms and Constructions for Urban Development

In a decisive move against unauthorized constructions, it has come to light that around 101 illegal showrooms have sprouted on both sides of Ayodhya Road. Addressing this issue head-on, the Lucknow Development Authority (LDA) exercised its authority by issuing demolition orders on 13th October 2023, under Section 27(1) of the Uttar Pradesh Urban Planning and Development Act, 1973. However, the High Court initially put a hold on these orders. Demonstrating the legal system's support for urban regulation, the High Court recently lifted its stay, allowing the LDA to proceed with the demolition of these illegal structures, specifically targeting those that had not sought legal recourse through the High Court.

This action is part of a broader initiative to reclaim and beautify urban spaces, as evidenced by the LDA's past efforts. On 25th December last year, the authority took decisive steps by demolishing several illegal houses in Akbarnagar, a move that followed a temporary High Court stay on the demolition drive until 22nd January 2024. Reports indicate that nearly 2,500 illegal houses, predominantly owned by Muslims, were dismantled during this period, marking a significant step towards rectifying urban encroachments.

These efforts align with the ambitious Gomti Riverfront Project, championed by the CM Yogi Adityanath-led government since 2017. The project aims to enhance the riverbed areas around the capital, including Akbarnagar I & II, showcasing the government's commitment to beautifying the city's landscape and promoting sustainable urban development.

In a twist to the ongoing narrative of Akbarnagar's residents fighting against the demolition of their homes, a significant revelation has emerged. While numerous inhabitants petitioned the high court claiming long-term residency of approximately 40 years and painting themselves as financially destitute, the Lucknow Development Authority (LDA) presented a starkly different picture to the judiciary. The contention by LDA highlighted that residents could not assert ownership over land situated on a riverbed, bringing legal and environmental considerations to the forefront.

Petitioners claim to be ‘poor’, LDA submits list of 72 millionaires to the High Court

Amid claims of poverty by several petitioners, the LDA's response was both revealing and unexpected. The authority submitted to the high court a list of 72 individuals from the area, identified as millionaires, who have been engaging in illegal occupancy of government land. This disclosure challenges the narrative of impoverishment with concrete financial data. According to records based on GST and income tax returns, the daily income of individuals owning showrooms—established by encroaching upon the Kukrail River—fluctuates between Rs 15 and 20 lakh. Further, their documents unveiled an astonishing annual turnover reaching up to Rs 3 crore.

This financial exposition came after the high court bench's directive to the petitioners to submit their GST and income tax returns along with property details. Out of the many, 13 petitioners complied with the court's request, whereas others requested additional time to gather the necessary information.

Moreover, the narrative deepens with the discovery that the owners of these purportedly illegal showrooms possess between five to six bungalows in several localities, including Gomti Nagar, known as one of the affluent areas of Lucknow. This revelation not only questions the authenticity of the poverty claims made by some Akbarnagar residents but also highlights the extent of illegal encroachments by financially well-off individuals under the guise of neediness.

The Uttar Pradesh government, under the leadership of CM Yogi Adityanath, has been unequivocally stringent in its crusade against illegal encroachments across the state. Demonstrating this resolve, on 14th February, the Bareilly Development Authority (BDA) embarked on a significant demolition drive aimed at eradicating unauthorized colonies in the vicinity. The focus was on five illegally constructed colonies in Zulfikar village, strategically located near Pilibhit road. The BDA's dedicated team, upon arrival at the site, promptly proceeded to dismantle these unlawful settlements, underscoring the administration's commitment to uphold the rule of law.

Further cementing this commitment, the Lucknow Development Authority (LDA) has been meticulously planning to demolish a substantial number of illegal constructions in Akbar Nagar-1 and Akbar Nagar-2. A total of 1068 houses and 101 shops-showrooms have been marked for this purpose. The allegations suggest that approximately 1200 individuals in both Akbar Nagar sectors have illicitly occupied land belonging to the Kukrail river, constructing residences, commercial outlets, and showrooms in blatant disregard of legal stipulations. The LDA had issued demolition orders for these structures about four months prior, prompting a section of the affected populace to seek legal recourse.

Approximately 125 individuals challenged the LDA's directive in the Commissioner Court, with some extending their grievances to the High Court. The High Court initially stayed the demolition, mandating a thorough hearing by the Commissioner. However, during the Commissioner Court's proceedings, none of the property owners managed to present any approved architectural plans or legitimate ownership documents for their constructions. This lack of legal documentation led to the dismissal of all appeals by the Commissioner, thereby reinstating the demolition orders.

Continuing the Crusade Against Illegality: A Recap of Akbarnagar's Legal Tussles

Akbarnagar's journey through legal scrutiny and governmental action against illegal encroachments is marked by a series of stay orders, reflecting the ongoing tussle between the residents accused of illegality and the authorities. Notably, in December 2023, the main market of Akbarnagar saw the demolition of several shops, a fate that had already befallen 58 houses in the nearby Bhikhampur colony, all under the cloud of illegal land occupation. This prompted the inhabitants, embroiled in legality and seeking relief, to turn to the judiciary. The Lucknow Bench of the Allahabad High Court intervened, issuing successive stay orders that provided temporary reprieve to the residents. These orders, initially effective until January 22, 2023, were subsequently extended to February 7, and then again, to February 21, 2024, drawing out the legal proceedings and providing an interim shield against demolition.

Positioned in Lucknow's Ward-45, under the auspices of the Basti Municipal Corporation, Akbarnagar sits precariously at a crossroads. The Yogi government's ambitious riverfront development initiative, aimed at rejuvenating the Kukrail, a tributary of the Gomati river, casts a looming shadow over the future of approximately 1200 houses and 102 shops in Akbarnagar. These structures, erected in defiance of legal boundaries, symbolize the contentious legacy of vote bank politics, wherein previous administrations allegedly facilitated the illegal occupation of government land for electoral gains.

Shaheen Bano, a resident of Akbarnagar and a legal practitioner, shares a common perspective with many in her community. For generations, families like hers have lived in Akbarnagar, their presence supported by previous government policies that fostered divisions among India's populace on religious grounds. Now, facing eviction notices from the Lucknow Development Authority (LDA) and Municipal Corporation, Shaheen and approximately a thousand other residents have sought legal recourse. This step, however, is seen as merely prolonging the inevitable, especially as many do not possess formal ownership documents for the land they occupy. Despite obtaining temporary legal stays, the consensus is that a resolution in favor of established legality is imminent.

In dialogue with The Mooknayak, Advocate Imran Raja, who is ardently working to halt the demolition of Akbarnagar, highlighted the critical situation of its residents. Raja pointed out that the LDA and Municipal Corporation have identified roughly 1200 landlords and 102 shop owners as having engaged in unauthorized occupation for close to fifty years.

The issue extends beyond these numbers, encompassing over 2000 houses and about 3000 families, or approximately 25,000 people, all of whom are now confronting the consequences of longstanding legal non-compliance. This situation underscores the government's determination to address and rectify illegal encroachments, reflecting a broader commitment to legal and urban order.

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