Fri. Apr 19th, 2024
Allahabad High CourtIndia Legal

Synopsis: The High Court added that no further demolition should be done before further orders are issued.

The Allahabad High Court asked the State of Uttar Pradesh to justify the sudden demolition of 34 lawyers’ chambers in Lucknow, which is said to have taken place, without prior notice.

The Government has also been asked by the Bench of Justices Pankaj Mithal and Manish Kumar to detain in their counter if any rehabilitation mechanism is being considered in the matter.

The order states that if some scheme for the rehabilitation of lawyers is being planned and if the Government is prepared and willing to construct new building for the lawyers’ chambers and to assign them to the lawyers of Tehsil Sadar, giving preference to the lawyers who are already occupying chambers in the existing campus, the Government counsel may clearly state in the counter affidavit.

The petitioners argued that the lawyers of Tehsil Sadar, Lucknow, had been authorised to build and occupy their chambers. The Court reported their further submission that on 16 November, 34 chambers were unexpectedly demolished.

The demolition was carried out without notice or with any opportunity for a hearing, the Court was told.

Furthermore, it was argued that no order was issued by any competent authority ordering the demolition of the chambers and put before any lawyer. There remained about 74 chambers.

The High Court noted that any justification for the demolition of the chambers or whether any notice or opportunity for a hearing was given prior to the demolition could not be allocated to the State counsel.

Against this backdrop, the Court also ordered the State to refrain from carrying out until further notice, any further demolition in the area.

The matter is posted next on 9th December.

HJS Parihar, Senior Advocate and Advocates Sudhakar Mishra and Brijesh Kumar appeared for the petitioners.