RAJU SAHU Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a bunch of writ petitions filed by the slum dwellers of slum area known as Akbar Nagar-1 and 2 challenging the demolition orders issued by the Lucknow Development Authority (hereinafter referred to as ' the LDA' ) and for quashing the rehabilitation scheme framed by the LDA. They also pray for a direction to be issued to the respondents to prepare and implement a rehabilitation scheme in accordance with the provisions of the U.P. Slum Areas (Improvement and Clearance) Act, 1962 (hereinafter referred to as ' the Act of 1962' ) read with the U.P. In-Situ Slum Redevelopment Policy, 2021.

(2.) Leading Writ-C No.1372 of 2024 "Raju Sahu and others vs State of UP and others" was filed as one of the last cases, when hearing had started, and on the request of Sri J.N. Mathur, learned Senior Counsel for petitioners, the same was taken up as the leading case, as it contained all grounds raised by the petitioners in this bunch. It was agreed that the counter affidavit filed by the LDA in the earlier leading writ petition will be read in the present petition also. It was also agreed that the questions raised in this leading case are mainly questions of law and further counter affidavit, thus, would not be required. Parties also agreed that broadly the facts are admitted between the parties. Therefore, Writ-C No.1372 of 2024 is taken up as the leading case. Still any and all further affidavits and documents filed by the parties during course of hearing were accepted, as rights of large number of persons under Article 21 are involved. Further, this Court also permitted interlocutory applications instead of separate petitions to be filed on behalf of residents of Akbar Nagar slums looking into their weak financial position. These applicants are also treated as petitioners in the writ petitions with the same benefits as available to these petitioners.

(3.) We have heard Sri J.N. Mathur, learned Senior Counsel assisted by Sri Apoorva Tiwari and Ms. Aishvarya Mathur, Sri Amrit Khare, Sri Kazim Ibrahim, Sri Gaurav Mehrotra, Ms. Maria Fatima, Utsav Mishra, Ms. Pushpila Bisht, Sri Akshay Kumar Singh, Sri Mudit Agarwal, Sri Amrendra Nath Tripathi, Sri Shakeel Ahmad Jamal, Sri Amiruddin Khan, Sri Shitla Prasad Tripathi, Sri Shahid Raza, Sri Raj Kumar Singh Suryavanshi, Ms. Shweta Shukla, Sri Shadab Haider, Sri P.C. Maurya, Sri Anshuman Srivastava, Sri Mohd. Murtaza Hasan, Ms. Sadiya Khan, Sri Ruved Kamal Kidwai, Sri Pawan Kumar Dwivedi, Sri Anupam Bajpai, Ms. Shradha Mishra, Sri Gibran Akhtar Khan, Sri Inam Uddin Ahmad, Sri Akber Ahmad, Sri Harsh Vardhan Kediya, Sri Alok Kumar, Sri Pradeep Kumar Srivastava, Sri Rinku Verma, Sri Rajat Srivastava, Sri Ayush Srivastava, Ms. Nandini Verma, Ms. Surabhi Rawat, Ms. Jyoti Rajpoort, Sri Rehan Ahmad Siddiqui, Ms. Nisha Tiwari, Sri Sachida Nand, Sri Mohd. Salman, Ms. Gursimran Kaur, Sri Karan Agarwal, Sri Sheeran Mohiuddin Alavi, Sri Mohd. Mohsin and Sri Ausaf Ahmad Khan, learned counsel for the petitioners. Sri Sudeep Kumar, Sri Anuj Kudesia, Sri Ratnesh Chandra, Sri Ishan Singh Popli, learned counsel for the LDA, Sri Namit Sharma assisted by Ms. Priyanka Vikram Singh, learned counsel for the Nagar Nigam, Lucknow and Sri Shailendra Kumar Singh, learned Chief Standing Counsel assisted by Sri Pratyush Chaube appearing for the State-respondents are heard for the respondents.