In 2008 Lucknow Development Authority (LDA) launched apartment housing schemes in Gomti Nagar Extension. The area falls on the periphery of Malesemau and surrounding villages. The village residents say that land on which the housing scheme is being built belongs to graveyard and a pond under the control of Gram Sabha. Residents say that LDA knew about the common land of the village but even then the engineers included the parcel of land in their layout and group housing was constructed. Further the project was expanded into 6 sectors which have about 3000 houses. The petitioner alleged that the entire project has encroached upon the land of 14 graveyards and 17 ponds. Motillal yadav filed a petition to the High Court regarding the encroachment**. ** This encroachment over pond and other common properties of various villages in Lucknow by the authorities has been a regular instance. The government told the High Court in the order that the houses were built up since the ponds had dried up. According to Lucknow Municipal Corporation survey, there were around 964 ponds in the city in 1952, however, a majority of them are unidentifiable today due to reclamation. In 2014, Ashok Shankaram, an environment activist filed a petition against the encroachment of 37 water bodies by Lucknow Development Authority (LDA) and Lucknow Nagar Nigam. In an another case in 2014, the High Court of Allahabad said that it is the duty of the LDA and the municipal corporation to maintain all lakes and ponds by removing encroachments and taking action against the encroachers. The court gave a final order on September 5, 2014. The court held that this falls within the statutory duty of the Municipal Corporation and Lucknow Development Authority, and dismissed the petition with liberty to the petitioner to approach the local selfgovernment.
Demand/Contention of the Affected Community
Demand to retain/protect access to common land/resources
Government Bodies Involved in the Conflict:
Lucknow Development Authority
Corporate Parties Involved in the Conflict:
Other Parties Involved in the Conflict:
Legislations Involved in the Conflict:
Land Reform Laws, Constitutional Law
Legal Processes and Loopholes Enabling the Conflict:
Non-implementation of land-reform laws , Forced evictions/ Dispossession of Land
Name(s) of Court(s)
Allahabad High Court
MISC. BENCH No. 8614 of 2014; PUBLIC INTEREST LITIGATION (PIL) No. - 4502 of 2018; PUBLIC INTEREST LITIGATION (PIL) No. - 1474 of 2019
Nature of Protest
Advocacy (for inclusion in courts)
Major Human Rights Violations Related to the Conflict:
Reported Details of the Violation:
Date of Violation
Location of Violation
Has the Conflict Ended?
When did it end?
Why did the conflict end?