The Allahabad High Court on Monday voiced its strong dissatisfaction with the Uttar Pradesh government’s handling of unauthorized constructions, rejecting the affidavit submitted by the Principal Secretary of the Department of Housing and Urban Planning as unsatisfactory.
During proceedings at the Lucknow bench, presided over by Justice A R Masoodi and Justice Subhash Vidyarthi, the court was addressing a pending Public Interest Litigation (PIL) initiated by Lt Col (retired) Ashok Kumar in 2012. The litigation focuses on the lack of action against illegal structures across urban areas in the state, some of which were identified and ordered for demolition over a decade ago.
The bench had previously expressed grave concerns about the inaction of both the state government and the Lucknow Development Authority regarding these illegal constructions. In a prior hearing, the court had demanded a personal affidavit from the Principal Secretary detailing the steps being taken to address this ongoing issue.
However, upon reviewing the affidavit submitted on Monday, the court found it insufficient and returned it to the state’s counsel, mandating the submission of a more detailed and satisfactory document by February 12.
“The affidavit filed is dissatisfactory. Hence, the same is returned to the learned state counsel for filing a better affidavit,” stated the bench. They emphasized the need for a comprehensive scheme to tackle the issue of unauthorized constructions in residential, commercial, and industrial zones. The state is expected to present a detailed plan on how to manage these constructions, beyond mere compounding processes.
Furthermore, the court clarified that compounding—regularizing structures by charging a fee—should not compromise the foundational integrity of approved building plans. “Wherever the structure up to the plinth level deviates from the sanctioned plans, a necessary survey deserves to be undertaken for dealing with the matters sternly,” the bench added.
