Allahabad HC Directs Removal of All Illegal Encroachments Near District Court, Lucknow Within Five Weeks
The Allahabad High Court's Lucknow Bench directed authorities to clear illegal encroachments from a wide civic belt, including the Qaiserbagh Telephone Exchange, within five weeks, with natural justice safeguards.
A Division Bench of the Allahabad High Court, Lucknow Bench, comprising Justice Rajesh Singh Chauhan and Justice Rajeev Bharti, passed a common order on 10 September 2026 in two connected public interest litigations concerning illegal encroachments across a large civic belt in central Lucknow. The Bench directed all competent authorities to remove the remaining illegal encroachments in terms of an earlier court order dated 7 April 2026, and to comply with procedural safeguards drawn from a subsequent order dated 4 August 2026, within a period of five weeks. The order also acknowledged that Nagar Nigam, Lucknow had already cleared 71 illegal constructions in partial compliance of earlier directions, and continued protection for advocates pending in the first writ petition till the next date of listing.
Two Petitions, One Connected Hearing
Criminal Writ-PIL No. 4 of 2026, filed by Anuradha Singh and others against the State of Uttar Pradesh through the Principal Secretary, Home, Lucknow, was the primary proceeding before the Bench. Alongside it, Public Interest Litigation No. 1086 of 2025, filed by Anis Ahmad Shah against the Union of India through the Secretary, Ministry of Communication, New Delhi, and nine other respondents, was connected by an order of the Chief Justice dated 21 August 2026.
With the consent of all parties, the Bench passed a common order in both petitions. Counsel appearing included Bal Keshwar Srivastava, Ishita Srivastava, and several others for the petitioners, while respondents were represented by, among others, Sri Shailendra Singh Chauhan for Nagar Nigam, Lucknow, Sri Ajay Kumar Singh for Lucknow Development Authority, Sri Pratul Kumar Srivastava for BSNL, and the learned Standing Counsel for the State.
The Encroachment Dispute: Qaiserbagh Telephone Exchange and the Broader Belt
The principal prayer in PIL No. 1086 of 2025 sought a writ in the nature of mandamus directing respondents, particularly opposite parties nos. 3, 4 and 6, to remove illegal encroachments from the eastern boundary wall and land of the Telephone Exchange Building, Kaiserbagh, Lucknow, belonging to Bharat Sanchar Nigam Limited (BSNL). The petition cited the safety and security implications of such encroachments on a BSNL facility.
Sri Shailendra Singh Chauhan, appearing for Nagar Nigam, drew the Bench's attention to paragraph 9 of the court's earlier order dated 7 April 2026. In that earlier order, the Bench had directed all concerning authorities to remove illegal encroachments from the entire area near the District and Sessions Court, Lucknow. The area covered by that direction extended across the Old High Court Campus, Collectorate Lucknow, Board of Revenue, Old Sadar Tehsil Campus, Sub Registrar Office, Commissionerate, Lucknow Residency Power Sub Station, Balrampur Hospital, Qaiserbagh Bus Station, and the Transport Department Workshop at Tehri Kothi. The Bench had simultaneously converted the criminal writ petition into a Public Interest Litigation in the larger public interest.
Sri Chauhan submitted that if the directions in paragraph 9 of the 7 April 2026 order were reiterated, the controversy in the second writ petition would stand resolved, since the Qaiserbagh Telephone Exchange boundary fell within the same zone.
Compliance So Far: 71 Encroachments Already Cleared
Sri Chauhan produced before the Bench a letter dated 8 September 2026 from the Zonal Officer, Zone-1, Nagar Nigam, Lucknow, addressed to the Chief Standing Counsel of the High Court. The letter stated that in compliance with the court's earlier directions, illegal encroachments had been removed in two phases: 14 illegal constructions were removed in an initial drive, followed by 57 further encroachments in a subsequent drive, with coloured photographs enclosed. The Bench took these instructions on record.
Sri Chauhan clarified that the 57 removals were carried out in compliance of the court's order dated 4 August 2026. He also informed the Bench that before the 4 August 2026 order was passed, encroachments from Swasthya Bhawan Crossing up to Collectorate Crossing, Bus Stand Crossing, and Chakbast Crossing had already been cleared. The remaining encroachments that had not yet been removed were those forming the subject matter of the second writ petition, along with the surrounding area falling within the scope of paragraph 9 of the 7 April 2026 order.
Procedural Safeguards Mandated Before Demolition
The Bench reproduced paragraphs 8 and 9 of its earlier order dated 4 August 2026, which laid down the procedure to be followed before carrying out any demolition. These were directed to apply to the remaining encroachments as well.
Paragraph 8 of the 4 August 2026 order required that the competent authority of the Municipal Corporation, Lucknow serve fresh notices in writing to all remaining encroachers within one week, and if notices were not received, they were to be pasted on the encroachment sites. Publication in two daily newspapers — one in Hindi and one in English — was also required, with at least ten days given to the encroachers to vacate or establish a valid claim. The Bench directed that demolition drives be scheduled on Sundays so that judicial work would not be disturbed, and that encroachers be informed of the specific demolition date. It was made clear that illegal activity by encroachers or their associates on the date of demolition would attract action permissible under law.
Paragraph 9 of the 4 August 2026 order directed the Commissioner of Police, Lucknow, the District Magistrate, Lucknow, and the Municipal Commissioner, Lucknow to coordinate on necessary steps, and to provide administrative and police support to Nagar Nigam officers to ensure no law and order situation arose.
In the 10 September 2026 order, the Bench clarified that these precautions were rooted in the principles of natural justice. Before removing any illegal construction falling within the scope of paragraph 9 of the 7 April 2026 order, notices were to be served to the persons concerned. If notices were not accepted, the steps in paragraph 8 of the 4 August 2026 order were to be followed. Concerning authorities across Lucknow were directed to provide necessary assistance to Nagar Nigam in accordance with paragraph 9 of that order.
First Writ Petition: Further Investigation Ongoing
In the first writ petition, Criminal Writ-PIL No. 4 of 2026, the learned AGA Sri S.P. Singh filed instructions dated 10 September 2026 from the Assistant Commissioner of Police, Kakori, Lucknow. Those instructions disclosed that while a charge sheet had been prepared, the competent authority had directed further investigation. The Bench took the instructions on record and noted that as and when the further investigation was completed, the Court would be informed.
The Bench expected that the outcome of the further investigation would be placed before the Court on the next date. It also observed, without elaboration, that parties were expected to cooperate properly in the investigation. The protection given to advocates under paragraph 10 of the order dated 4 August 2026 was directed to continue until the next date of listing.
Outcome
All concerning authorities were directed to take appropriate steps in compliance of the order with expedition, preferably within five weeks. The matter was listed for 26 October 2026 at 3:30 p.m., with a direction to take an appropriate order from the Chief Justice for constitution of the Bench on that date.