Paving the way for demolition of lawyers’ chambers allegedly constructed by encroaching public land around the Lucknow district court complex, the Supreme Court on Tuesday dismissed the plea of the Central Bar Association challenging the Allahabad high court’s directive to issue demolition notices.
A division bench of Justice Vikram Nath and Justice Sandeep Mehta refused to interfere with the order of the Lucknow bench of the Allahabad high court. With the Supreme Court refusing to stay the action, the Lucknow Municipal Corporation is now set to proceed with the demolition drive after August 30.
When asked for his reaction, Central Bar Association, Lucknow, president advocate Akhilesh Jaiswal said: “Out of 72 chambers identified by the LMC, 14 have already been demolished by the civic body. Now, it must provide a list of the remaining 58 chambers to the Bar Association.”
“Only the remaining 58 chambers that have already been identified will be allowed to be demolished. No harassment will be tolerated,” Jaiswal said.
On the directions of the high court, the LMC had issued notices to the occupants of the illegal chambers, asking them to either vacate the structures or establish a lawful claim over the land and construction. The demolition was scheduled for August 30, following which the Bar Association moved the Apex court.
{{/usCountry}}On the directions of the high court, the LMC had issued notices to the occupants of the illegal chambers, asking them to either vacate the structures or establish a lawful claim over the land and construction. The demolition was scheduled for August 30, following which the Bar Association moved the Apex court.
{{/usCountry}}Passing the order, Justice Vikram Nath, who was a senior judge of the Lucknow high court before his elevation, took serious note of unauthorised constructions around the district court campus by lawyers.
“Unauthorised constructions cannot be protected merely because they are occupied by members of the Bar,” Justice Nath observed.
Senior advocate Adish Aggarwala, appearing for the Central Bar Association, Lucknow district court, suggested that an alternative space could be allotted to affected lawyers and proposed that the dispute be referred to mediation.
Unconvinced, Justice Nath questioned whether mediation was an appropriate mechanism in a dispute concerning alleged encroachment by lawyers. The bench stressed the need to protect court premises from encroachments.
“There is no other way to deal with this. Who is going to protect the court premises? If they are encroached upon in this manner, who is responsible for protection? Lawyers don’t have any kind of qualms,” Justice Nath said.
Recalling an incident during his tenure in Lucknow, Justice Nath said, “Once I was visiting a district court where the district judge’s parking space was converted by a lawyer into his own chamber.”
The high court had earlier taken cognizance of the mushrooming of illegal chambers on public land around the Lucknow district court, causing obstruction to roads and public movement, and had directed the LMC to act as per law after giving the opportunity of a hearing.