New Delhi, August 25: The Supreme Court on Tuesday dismissed a petition from the Central Bar Association of Lucknow. The petition challenged actions against illegal constructions and encroachments made by lawyers on public pathways and utility land within the Lucknow court complex.
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta rejected the plea and directed the lawyers occupying unauthorized structures to vacate peacefully.
During the hearing, senior advocate Adish Agarwal requested that alternative space be provided for the lawyers. However, the bench, led by Justice Vikram Nath, stated that lawyers cannot claim the right to occupy unauthorized structures merely based on their positions within the association.
The Supreme Court remarked, “You occupy the main road, take over open spaces within the court complex, construct illegally, and then claim that because I was elected president of the association, I have the right to stay there. That is unacceptable.”
The court clarified that these unauthorized constructions must be removed as they obstruct roads and traffic. Justice Vikram Nath emphasized, “All constructions must be demolished. I have personally witnessed the situation during my two years as a senior judge. I know how these constructions have obstructed roads and completely disrupted traffic. Demolition is necessary.”
When Agarwal suggested that alternative space could be provided, the apex court responded, “You should go and purchase land for lawyers. Request the state government to provide you with a society for this purpose.”
When the senior lawyer requested to send the matter for mediation, the bench rejected this suggestion. The Supreme Court stated, “Mediation with lawyers? No. Petition dismissed,” and advised the lawyers to vacate the unauthorized structures peacefully.
This petition was brought before the Supreme Court in relation to ongoing proceedings in the Allahabad High Court concerning unauthorized chambers and shops allegedly constructed by lawyers and others in the area.
The Allahabad High Court recorded that initially, 72 encroachments were identified, of which only 14 were removed in the first phase due to alleged obstruction and resistance from lawyers.
In its order dated August 4, the High Court noted that over 100 illegally constructed chambers had been demolished following its directives. However, it also mentioned that only 14 of the initially identified 72 encroached chambers/shops had been removed, with the rest remaining due to protests from lawyers.
The court directed that the remaining 72 encroachers be given another opportunity to either vacate their chambers/shops or present a valid claim for possession. It stated that if they failed to do so, the illegal structures could be demolished.
This action was instructed to take place on a Sunday to avoid disrupting judicial operations. The High Court also directed the Lucknow Police Commissioner, District Magistrate, and Municipal Commissioner to coordinate and provide necessary administrative and police assistance to ensure law and order is maintained.
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