Court mandates serving notices to encroachers before demolition and orders coordinated action by police, municipal authorities to maintain law and order
In a significant ruling delivered on September 10, 2026, the Allahabad High Court (Lucknow Bench, Division Bench) in the matter of Anuradha Singh and others versus State of Uttar Pradesh and others, issued comprehensive directions for the removal of illegal encroachments on public pathways and government lands around the Telephone Exchange Building, Kaiserbagh, Lucknow. This judgment arises from connected Public Interest Litigations (PILs) aimed at safeguarding public property and ensuring unhindered public access in critical administrative and commercial areas.
The Court observed that illegal constructions and encroachments have been a longstanding impediment to the public at large, affecting areas such as the District & Sessions Court, Old High Court Campus, Collectorate, Board of Revenue, and other key government offices. The judgment reiterates the importance of adhering to the principles of natural justice during the process of removing encroachments, which involves issuing proper notices to the encroachers and providing them reasonable opportunity to vacate or justify their possession.
The Court emphasized that encroachers must be served fresh written notices within a week, and if they fail to receive such notices, the authorities are permitted to paste notices at the encroachment sites and publish them in two daily newspapers (one Hindi, one English). A minimum notice period of ten days is to be provided before initiating demolition. The demolition should preferably occur on Sundays to minimize disruption to judicial work and public life. The Court also made clear that any illegal acts or resistance by encroachers during demolition would be met with lawful action.
To ensure smooth execution of the demolition process and maintenance of public order, the Court directed the Commissioner of Police, District Magistrate, and Municipal Commissioner of Lucknow to coordinate closely and provide necessary administrative and police support to the executing authorities. The authorities were instructed to complete the removal of all illegal encroachments in the stipulated areas preferably within five weeks from the date of the order.
The judgment also recorded that substantial progress has already been made, with 14 illegal constructions and 57 encroachments removed in compliance with previous Court orders. However, the Court mandated that the remaining illegal encroachments, particularly those subject to ongoing writ petitions, be addressed expeditiously with due process.
Further, the Court ordered continuation of temporary protection to advocates involved in the matter as per prior orders until the next hearing scheduled for October 26, 2026. The judgment underscores the balance between enforcement of law and protection of individual rights, reflecting a judicious approach toward urban governance and public interest.
This ruling is expected to reinforce government efforts to reclaim public spaces unlawfully occupied and to set a precedent for similar actions in other jurisdictions, ensuring public pathways and government properties are preserved for their intended use while respecting legal safeguards.
Bottom Line:
Illegal encroachments on public pathways or government lands must be removed in adherence to principles of natural justice, ensuring proper notices and precautions are taken before the demolition process.
Statutory provision(s):
Public Interest Litigation.
Anuradha Singh v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 2977624
