The Supreme Court on Tuesday refused to interfere with an Allahabad High Court order directing the demolition of around 72 unauthorised lawyers’ chambers near the District and Sessions Court in Lucknow.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta also rejected a request to refer the dispute to mediation and advised lawyers occupying the illegal structures to vacate them peacefully. The Bench made it clear that encroachments could not be permitted merely because those occupying the structures held positions in the local bar association.
Justice Nath questioned the lawyers’ claim to continue occupying the unauthorised structures merely by virtue of their positions in the bar association, observing that encroachments on roads and open spaces within court premises could not be justified on such grounds and all demolitions have to take place.
Citing his two-year tenure as a senior judge in Uttar Pradesh, Justice Nath noted that he had personally seen how these illegal constructions block roads and obstruct traffic.
Senior Advocate Adish Aggarwala suggested that an alternative location could be provided to the lawyers. Justice Nath, however, said they could approach the State government for assistance in acquiring land rather than occupying public spaces.
Justice Nath suggested that the lawyers could explore acquiring land separately or seek the State government’s assistance in providing land for a lawyers’ society, rather than occupying public spaces. When counsel proposed mediation, Justice Nath summarily rejected the suggestion of mediation, remarking that the matter would not be referred for mediation.
Justice Mehta questioned who would protect court premises if lawyers themselves encroached upon them. Justice Mehta also recalled an incident during a visit to a district court in Rajasthan where a lawyer had allegedly converted parking space meant for district judges into a chamber.
The Supreme Court was hearing a challenge to the Allahabad High Court’s directions concerning illegal constructions near the Lucknow District and Sessions Court. The High Court had directed the Lucknow Municipal Corporation to remove the encroachments and ordered that demolition be undertaken on a Sunday to avoid disruption of judicial work. It had also warned of action if lawyers or their associates obstructed the exercise.
The High Court had simultaneously directed authorities to provide the 72 identified occupants another opportunity to vacate the structures or establish a valid claim of possession.
The issue had gained prominence after clashes between lawyers and Uttar Pradesh Police personnel in May during an earlier attempt to remove unauthorised chambers in the Qaiserbagh area.
The Lucknow Nagar Nigam subsequently informed the High Court that more than 100 illegal chambers had been demolished. However, it stated that of the 72 chambers or shops against which notices had initially been issued, only 14 had been removed, with some allegedly being re-encroached upon.
The High Court had consequently directed the Lucknow Police Commissioner, District Magistrate and Municipal Commissioner to coordinate the demolition exercise and ensure that it did not lead to any law-and-order situation.
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