The Lucknow bench of the Allahabad High Court has directed the Lucknow Development Authority (LDA) and the Lucknow Municipal Corporation (LMC) to clarify their intentions regarding a significant parcel of land in Gomtinagar. This land was recently reclaimed by the authorities from the Sahara India Commercial Corporation Limited.
Court Seeks Clarity on Future of Disputed Land
A bench comprising Justices Rajan Roy and AK Chaudhary posed the crucial question during a hearing on Thursday. The court specifically wants to know what the development and municipal bodies propose to do with the reclaimed land. Importantly, the bench made it clear that this inquiry is "without any prejudice" to the ongoing legal rights of Sahara India, which has separately challenged the reclamation action in a writ petition that is still sub-judice before the same court.
The next date for the hearing has been fixed for January 19. The order was passed in response to a long-pending Public Interest Litigation (PIL) filed back in 2008 by the Gomtinagar Jan Kalyan Mahasamiti.
Arguments from Both Sides
During the proceedings, the counsel for the PIL petitioner, B.K. Singh, informed the court that the land, once possessed by Sahara, is now back under the control of the LDA and LMC. He emphasized a critical point: the entire land is earmarked as a green belt in the city's master plan. Singh argued that while the land's status as a green belt is clear, the plans of the authorities for its management and use remain ambiguous.
Opposing this, Sahara's counsel, Piyush Agrawal, presented a counter-argument. He contended that not the entire land was designated as a green belt. Furthermore, he highlighted that Sahara has already legally contested the repossession orders issued by the LMC and LDA through a writ petition, which is pending adjudication.
Court's Directive and Next Steps
Taking both petitions into account, the bench has decided to hear them together. The court issued a directive stating, "Without prejudice to the rights of Sahara, let LDA and LMC counsel seek instructions in the light of the statement made by the PIL petitioner's counsel and assist the court on the next date."
This move by the High Court underscores the need for transparency in urban planning and the use of public land. It places the onus on the LDA and LMC to present a concrete plan for the disputed Gomtinagar plot, balancing legal disputes with adherence to the master plan's provisions for green spaces.
