In a significant ruling, the Lucknow bench of the Allahabad High Court has provided temporary relief to the owners of 81 apartments in the Royal Green Apartment complex in Mahanagar, Lucknow, by staying a longstanding demolition order.
The controversy began nearly two decades ago when demolition orders were issued against the builders of these apartments. However, the recent focus shifted to the residents, many of whom were unaware of the legal battles when they purchased their homes. The owners were abruptly asked to vacate their properties to facilitate the demolition, sparking widespread concern and leading to legal intervention.
The bench, comprising Justice Rajan Roy and Justice OP Shukla, responded to a writ petition filed by some of the flat owners, challenging the harsh measures. During the proceedings, LDA counsel Ratnesh Chandra explained that the authority was compelled to act on a demolition order stemming from a 2012 public interest litigation (PIL) decided by a coordinate bench.
In a crucial decision, the court allowed the flat owners to seek a resolution through the Lucknow Development Authority (LDA) by applying for the compounding of their flats. This legal provision enables owners to regularize unauthorized constructions by paying a penalty, thereby avoiding demolition.
Furthermore, the bench highlighted a significant lapse in oversight, noting the failure of LDA officials to enforce the original demolition orders issued 19 years ago. The court expressed its intent to fix accountability for these oversights, emphasizing that innocent buyers should not suffer due to the builders’ faults.
