In a significant development concerning urban planning and regulation, the Allahabad High Court has issued a stern directive to the Uttar Pradesh government and the Lucknow Development Authority (LDA) regarding an unauthorized building case in the Husainganj area of Lucknow. The court has ordered the parties involved to either clarify the rights involved or present a demolition plan by March 25.
The case, brought to light by a public interest litigation filed in 2012 by retired Lieutenant Colonel Ashok Kumar, has exposed severe lapses in the enforcement of building regulations. The Lucknow bench, comprising Justices A.R. Masoodi and Manish Kumar, highlighted that the building in question exceeds the approved plan by four times the permissible limit, implicating landowners, developers, and LDA officials in the process.
During the proceedings, the LDA submitted a report as mandated by the court’s previous orders, revealing that not only the Clay Square building on Kabir Marg but also about nine other nearby structures were constructed in violation of approved plans. The court noted the failure of the LDA to act against these infractions, emphasizing the impossibility of distinguishing between legal and illegal portions of the construction.
This case has prompted the court to consider not only the financial accountability of the landowners and developers but also punitive measures against LDA officers who failed in their duties to prevent such unauthorized developments. The court’s observation pointed out the necessity of setting a precedent to deter such violations in the future.
“The duties which public servants owe to the State necessitate action against them for causing financial loss to the State as well as to the environment,” the bench stated, underscoring the broader implications of negligence in enforcing building codes.
