The Hindu : New Delhi News : U.P. Govt. moves Supreme Court over demolition

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U.P. Govt. moves Supreme Court over demolition

Legal Correspondent

Sahara raised unauthorised constructions, it says

High Court pulls up LDA for carrying out late night demolitions
Illegal acts of company deprived public of free access along area: plea

New Delhi: The Uttar Pradesh government on Friday moved the Supreme Court questioning the interim relief granted by the Lucknow Bench of the Allahabad High Court, restraining the authorities from demolishing Sahara Shahar, a property belonging to the Sahara India Commercial Corporation in Lucknow.

A vacation Bench of Justices Arijit Pasayat and G.S. Singhvi posted the matter for next week when State counsel made a mention for early listing of petition.

The Lucknow Development Authority (LDA), on Wednesday night, carried out a demolition drive and on Thursday, a Division Bench of the High Court directed the State government not to carry out demolition.

LDA pulled up

The court not only pulled up the LDA for the late night demolition but also directed the government to restore possession of the land to the company.

“Norms flouted”

The Uttar Pradesh government said that taking advantage of the interim relief granted with regard to property, which were subject matter of suits pending before a trial court, the respondent-company flouted the mandatory provisions of the Uttar Pradesh Urban Planning and Development Act, 1973, by raising unauthorised constructions over carved zonal roads under Master Plan 2021 without the permission of Lucknow Development Authority.

It also said the illegal acts of the respondent deprived the common man of free access along the area.

“Not justified”

The petition said the High Court was not justified in issuing interim directions to the State to pass legislation governing a particular subject.

The Court, by an interim order, could not have restored possession of the property in question merely on the basis of hypothesis that the property belonged to the respondent and permitting the company to raise constructions without deciding the title, it said.

The petition sought quashing of the impugned order and an interim stay on its operation.

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