Uttar Pradesh
,
Akbar Nagar
,
Lucknow
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
1,800 structures razed in Lucknow's Akbar Nagar for riverfront project
Reported by
Nayla Khwaja
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
2000
Households affected
10000
People Affected
2023
Year started
2027
Land area affected
2000
Households affected
10000
People Affected
2023
Year started
2027
Land area affected
Key Insights
Sector
Industry
Reason/Cause of conflict
Tourism
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

The Lucknow Development Authority (LDA) razed around 1800 structures labeled as "unauthorised constructions" in a 50-year-old Muslim-majority neighborhood Akbar Nagar for Kukrail riverfront project. Nearly 1320 structures, including houses and commercial establishments, were demolished between 10 to 18 June, 2024, displacing around 10,000 residents.

The demolition drive was carried out amid heavy security with the deployment of the UP Provincial Armed Constabulary and Rapid Action Force to prevent resistance.

In August 2022, the Uttar Pradesh government passed a proposal to build India’s first night safari in Kukrail forest and construct a riverfront plaza along the Kukrail Nala, including a jogging track, butterfly park, fishing facilities, rainwater harvesting systems, and a ghat for Chhat Puja festivities. The Central Zoo Authority approved the night safari and wildlife park project in April 2023 and in May 2023, CM Yogi Adityanath directed officials to look into the encroachment issue.

Residents of Akbar Nagar and Bhikampur received show-cause notices from the LDA in August and September 2023, under section 27 (pertaining to demolition by the LDA of structures built without permission and/or in contravention of the masterplan) of the UP Urban Planning and Development Act, 1973, citing "illegal constructions in flood zone." The residents were given 15 days to respond.

In October 2023, about 1,000 residents submitted detailed replies opposing the show cause notices, arguing that the properties predate the UP Urban Planning And Development Act, and that approvals were not required on plots measuring less than 800 square feet, which includes 85% of all plots in Akbar Nagar. The LDA rejected all the replies and the residents were not given the opportunity to argue their case. 

Meanwhile, at least 250 residents of Akbar Nagar filed statutory appeals under section 27(2) of the law. Following the demolition drive on 6 and 7 December in Bhikampur, residents of Akbar Nagar approached the Lucknow bench of the Allahabad High Court on 8 December. 

On 8 December, Justice Pankaj Bhatia directed Lucknow divisional commissioner and LDA chairman Roshan Jacob to hear and decide the matter and to refrain from continuing demolition work in Akbar Nagar while the appeals were pending. On 15 December, the divisional commissioner dismissed approximately 250 appeals stating that they were baseless. A week later, authorities started the demolition drive in Akbar Nagar. Residents approached the Lucknow bench of the Allahabad HC once again, challenging Divisional Commissioner's dismissal of their appeals. The court granted an interim stay on demolitions in Akbar Nagar for one month and posted the matter for hearing on 22 January 2024. 

On 23 January 2024, the matter was transferred to a division bench, which dismissed the petitions of 24 commercial and commercial-cum-residential owners. And on 6 March 2024, directed residents to vacate their homes by 31 March.

The aggrieved residents filed an appeal before the Supreme Court the same month. On 10 May 2024, the apex court upheld the original High Court stay order and directed LDA to provide alternative housing, citing due process, rehabilitation and proportionality concerns for evicted residents. The SC asked the LDA to prove that the Kukrail Nala is a perennial river and not a city drain. Lawyers of the residents informed the court that a detailed report submitted to the LDA in 2013 by experts from the Indian Institute of Technology (IIT)-Roorkee referred to the Kukrail water body as a “nala” or drain throughout the document.

According to Lucknow Municipal Corporation [website](https://lmc.up.nic.in/pdf/Annexure 3.pdf), Akbar Nagar is identified as a slum. Hence, eviction from these slums should fall under the Uttar Pradesh Slum Areas (Improvement & Clearance) Act 1962 & Uttar Pradesh In-situ Slum Redevelopment Policy, 2021, after necessary rehabilitation.

In a rehabilitation effort, about 1,800 Pradhan Mantri Awas Yojana (PMAY) houses were allotted to displaced families. However, residents say they cannot afford these houses as a 300 square feet flat in Vasant Kunj, 12 km from Akbar Nagar, cost Rs 4.8 lakh. Many argue this is not a rehabilitation policy but a sale as they have to pay a monthly instalment of Rs 2,200 for 10 years.

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common and Private

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

Detention

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Released from detention

Did the person face any violence while in police custody?

Don't Know

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Project underway despite protests

Original Project Deadline

2026

Whether the Project has been Delayed

No

Significance of Land to Land Owners/Users

Residential area, Commercial

Whether the project was stalled due to land conflict

No

Source/Reference

Total investment involved (in Crores):

1573

Type of investment:

Investment Expected

Year of Estimation

2023

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Author
Reported by
Nayla Khwaja

Uttar Pradesh

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for rehabilitation

Demand to retain/protect access to common land/resources

1,800 structures razed in Lucknow's Akbar Nagar for riverfront project

Reported by

Nayla Khwaja

Legal Review by

Sourabh Rai, Anmol Gupta

Edited by

Anupa Sagar Kujur

Updated by

Updated by

Published on

September 22, 2024

September 23, 2024

Edited on

September 22, 2024

Sector

Industry

Reason or Cause of Conflict

Tourism

Riverfront Project

Starting Year

2023

Land Area Affected (in Hectares)

2027

ha

Households Affected by Conflict

2000

People Affected by Conflict

10000

State

Uttar Pradesh

Sector

Industry

People Affected by Conflict

10000

Households Affected by Conflict

2000

Land Area Affected (in Hectares)

2027

ha

Starting Year

2023

Location of Conflict

Akbar Nagar

Lucknow

Reason or Cause of Conflict

Tourism

Riverfront Project

Land Conflict Summary

The Lucknow Development Authority (LDA) razed around 1800 structures labeled as "unauthorised constructions" in a 50-year-old Muslim-majority neighborhood Akbar Nagar for Kukrail riverfront project. Nearly 1320 structures, including houses and commercial establishments, were demolished between 10 to 18 June, 2024, displacing around 10,000 residents.

The demolition drive was carried out amid heavy security with the deployment of the UP Provincial Armed Constabulary and Rapid Action Force to prevent resistance.

In August 2022, the Uttar Pradesh government passed a proposal to build India’s first night safari in Kukrail forest and construct a riverfront plaza along the Kukrail Nala, including a jogging track, butterfly park, fishing facilities, rainwater harvesting systems, and a ghat for Chhat Puja festivities. The Central Zoo Authority approved the night safari and wildlife park project in April 2023 and in May 2023, CM Yogi Adityanath directed officials to look into the encroachment issue.

Residents of Akbar Nagar and Bhikampur received show-cause notices from the LDA in August and September 2023, under section 27 (pertaining to demolition by the LDA of structures built without permission and/or in contravention of the masterplan) of the UP Urban Planning and Development Act, 1973, citing "illegal constructions in flood zone." The residents were given 15 days to respond.

In October 2023, about 1,000 residents submitted detailed replies opposing the show cause notices, arguing that the properties predate the UP Urban Planning And Development Act, and that approvals were not required on plots measuring less than 800 square feet, which includes 85% of all plots in Akbar Nagar. The LDA rejected all the replies and the residents were not given the opportunity to argue their case. 

Meanwhile, at least 250 residents of Akbar Nagar filed statutory appeals under section 27(2) of the law. Following the demolition drive on 6 and 7 December in Bhikampur, residents of Akbar Nagar approached the Lucknow bench of the Allahabad High Court on 8 December. 

On 8 December, Justice Pankaj Bhatia directed Lucknow divisional commissioner and LDA chairman Roshan Jacob to hear and decide the matter and to refrain from continuing demolition work in Akbar Nagar while the appeals were pending. On 15 December, the divisional commissioner dismissed approximately 250 appeals stating that they were baseless. A week later, authorities started the demolition drive in Akbar Nagar. Residents approached the Lucknow bench of the Allahabad HC once again, challenging Divisional Commissioner's dismissal of their appeals. The court granted an interim stay on demolitions in Akbar Nagar for one month and posted the matter for hearing on 22 January 2024. 

On 23 January 2024, the matter was transferred to a division bench, which dismissed the petitions of 24 commercial and commercial-cum-residential owners. And on 6 March 2024, directed residents to vacate their homes by 31 March.

The aggrieved residents filed an appeal before the Supreme Court the same month. On 10 May 2024, the apex court upheld the original High Court stay order and directed LDA to provide alternative housing, citing due process, rehabilitation and proportionality concerns for evicted residents. The SC asked the LDA to prove that the Kukrail Nala is a perennial river and not a city drain. Lawyers of the residents informed the court that a detailed report submitted to the LDA in 2013 by experts from the Indian Institute of Technology (IIT)-Roorkee referred to the Kukrail water body as a “nala” or drain throughout the document.

According to Lucknow Municipal Corporation [website](https://lmc.up.nic.in/pdf/Annexure 3.pdf), Akbar Nagar is identified as a slum. Hence, eviction from these slums should fall under the Uttar Pradesh Slum Areas (Improvement & Clearance) Act 1962 & Uttar Pradesh In-situ Slum Redevelopment Policy, 2021, after necessary rehabilitation.

In a rehabilitation effort, about 1,800 Pradhan Mantri Awas Yojana (PMAY) houses were allotted to displaced families. However, residents say they cannot afford these houses as a 300 square feet flat in Vasant Kunj, 12 km from Akbar Nagar, cost Rs 4.8 lakh. Many argue this is not a rehabilitation policy but a sale as they have to pay a monthly instalment of Rs 2,200 for 10 years.

Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common and Private

Type of Common Land

Non-Forest (Other than Grazing Land)

What was the action taken by the police?

Detention

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Released from detention

Did the person face any violence while in police custody?

Don't Know

Did the person face any violence while in police custody?

Don't Know

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Project underway despite protests

Original Project Deadline

2026

Whether the Project has been Delayed

No

Significance of Land to Land Owners/Users

Residential area, Commercial

Whether the project was stalled due to land conflict

No

Source/Reference

Total investment involved (in Crores):

1573

Type of investment:

Investment Expected

Year of Estimation

2023

Page Number In Investment Document:

Has the Conflict Ended?

No

When did it end?

Why did the conflict end?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Uttar Pradesh Urban Planning and Development Act, 1973
Section 2(f) ['Development Area' means any area declared, development area under Section 3] Section 3 [State government may notify any area as a development area] Section 14 [After declaration of an area as a development area, no other development can take place without prior written approval of the state government.] Section 26A [Any encroachment on public land may be removed and the encroacher punished with fine or imprisonment] Section 27 [Where any unauthorized development has been carried out. An order of demolition may be made by the state government. Those affected by such order may appeal within 30 days.] 
Pradhan Mantri Awas Yojana, Ministry of Housing and Urban Affairs, 2015
A scheme undertaken by the Central and State Government in 2015 to provide affordable housing for all by 2022
Sudama Singh v. Deepak Mohan Spolia (C.A. No(s). 21806-21807/2017, Supreme Court)
The Guidelines state that the government must provide just compensation and sufficient accommodation to evictees immediately. At a minimum, the government must provide access to basic facilities such as food, water, and shelter, among others.
Report of the Special Rapporteur on Adequate Housing, A/HRC/RES/43/14, dated July 6, 2020
The Guidelines state that the government must provide just compensation and sufficient accommodation to evictees immediately. At a minimum, the government must provide access to basic facilities such as food, water, and shelter, among others.
Uttar Pradesh Slum Areas (Improvement and Clearance) Act, 1962
Section 2 (b) [“building” includes any structure or erection or any part thereof, for whatsoever purpose, and of whatsoever material constructed, but does not include plant or machinery comprised in a building] Section 2(i) [“slum area” means an area declared as such under section 3.] Section 2(j) [“slum clearance” means the clearance of any slum area by the total or demolition or removal of buildings therefrom and includes the making of works of improvement in the existing buildings or land in that area.] Section 3 [Competent authority may declare an area as a slum area based on information that such area is dilapidated and unfit for human habitation] Section 8 [Competent Authority may direct the demolition of any structure in the slum area. Written notice and an opportunity to be heard must be given to the person.]
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  7. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

    Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.

Whether claims/objections were made as per procedure in the relevant statute

Yes

What was the claim(s)/objection(s) raised by the community?

In October 2023, about 1,000 residents submitted detailed replies opposing the show cause notices sent by the Lucknow Development Authority. They argued that the properties predate the UP Urban Planning And Development Act, and that approvals were not required on plots measuring less than 800 square feet, which includes 85% of all plots in Akbar Nagar. Meanwhile, at least 250 residents of Akbar Nagar filed statutory appeals under section 27(2) of the law. Following the demolition drive on 6 and 7 December in Bhikampur, residents of Akbar Nagar approached the Lucknow bench of the Allahabad HC on 8 December.

What was the Decision of the Concerned Government Department?

The LDA rejected all the replies and the residents were not given the opportunity to argue their case. On 8 December, Justice Pankaj Bhatia directed Lucknow divisional commissioner and LDA chairman Roshan Jacob to hear and decide the matter and to refrain from continuing demolition work in Akbar Nagar while the appeals were pending. On 15 December, the divisional commissioner dismissed approximately 250 appeals stating that they were baseless.

Legal Processes and Loopholes Enabling the Conflict:

Non-consultation with stakeholders

Lack of legal protection over land rights

Forced evictions/dispossession of land

Non-rehabilitation of displaced people

Legal Status:

In Court

Status of Case In Court

Disposed

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Supreme Court Of India

Case Number

SLP(C) No. 6531/2024

Main Reasoning/Decision of court

On May 10, 2024, the Supreme Court disposed of the matter. The Supreme Court confirmed the High Court finding stating that the disputed land was in the floodplain area of the Kukrail Nala/ river. It also noted that the petitioners did not have any document or title over the land. The petitioners had claimed stake over the land through adverse possession. The Union government counsel submitted that 1818 applications for rehabilitation and allotment of alternative accommodation had been received. However, the government stated that a certain amount had to be paid over the course of 15 years by each of these applicants. The Court found that a substantial subsidy had been awarded and that the government would have to abide by this amount stated in court.

Major Human Rights Violations Related to the Conflict:

Arrest/detention/imprisonment

Displacement

Financial harassment

Other harassment

Reported Details of the Violation:

Date of Violation

Location of Violation

Akbar Nagar, Lucknow

Additional Information

Government Departments Involved in the Conflict:

Lucknow Development Authority, Divisional Commissioner, Lucknow Municipal Corporation, Department of Urban Development, Rapid Action Force (RAF)

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

Information on the use of criminal law

What was the action taken by the police?

Detention

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Released from detention

Did the person face any violence while in police custody?

Don't Know

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Mohd Abuzar Choudhary / March 2024

Image Credit:  

Mohd Abuzar Choudhary / March 2024

Video

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