Advertisement
When should a housing society in Mumbai start considering re...
From GST on JDAs to SEBI’s REIT reclassification and the S...
Stay ahead in the world of real estate with our daily podcas...
Stay ahead in the world of real estate with our daily podcas...
The Allahabad High Court has directed the Uttar Pradesh government and the Lucknow Development Authority (LDA) to either clarify the rights of all parties involved in the unauthorised construction case or present a demolition plan for the structure by the next hearing. The Lucknow bench observed that a building in Husainganj had been constructed well beyond the approved plan, holding landowners, developers, and LDA officials accountable for the violations. The court reviewed a report on Clay Square and surrounding buildings, discovering that approximately nine other structures had also breached regulations. Noting that Clay Square was constructed four times beyond the approved plan, the court decided to impose financial liability on the landowners and developers while taking action against negligent LDA officials.
The Allahabad High Court has instructed the Uttar Pradesh government and the Lucknow Development Authority (LDA) to either clarify the rights of all parties involved in an unauthorised construction case or present a demolition plan for the structure by the next hearing. Advertisement
The bench of Justices AR Masoodi and Manish Kumar issued the order in response to a public interest litigation filed in 2012 by Lieutenant Colonel (retired) Ashok Kumar.
In compliance with the court order, LDA submitted a report about Clay Square and its surrounding structures in the Husainganj area. Upon reviewing the report, the court found that not only had Clay Square, located on Kabir Marg in Husainganj, been built in violation of regulations, but approximately nine other buildings in the vicinity had also been constructed in violation to the approved plans.
The court observed that Clay Square had been developed nearly four times beyond the approved construction limit, and LDA had failed to take any corrective measures. The bench remarked that it was impossible to separate the illegal construction from the legally approved portions.
In light of this, the court determined that financial responsibility would be imposed on the landowners and developers while action would also be taken against LDA officials who neglected their duties and permitted the unauthorised development.
The bench stressed that in such instances, courts have limited options apart from issuing strong warnings and setting examples to discourage such violations. The judges remarked that public servants have a duty to the State, necessitating action against them for causing financial losses to the State as well as environmental damage.
Overall, the Allahabad High Court's imposition of financial liability on landowners and developers, alongside proposed action against negligent officials, serves as a deterrent against similar offences in the future. This case sets a precedent for stringent action against unauthorised constructions and official complacency in urban governance.
5th Jun, 2025
25th May, 2023
11th May, 2023
27th Apr, 2023
Advertisement
Facebook
Whatsapp
