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The Allahabad High Court's Lucknow bench has expressed concern over a single bench order that stayed the demolition of an illegal building in Khurram Nagar. The division bench has summoned the records to examine the urgency of the petition, which was filed under Article 226 rather than Article 227 of the Constitution. The matter stems from a 2016 public interest litigation, involving repeated violations of demolition orders by the builder. The next hearing is scheduled for later this month, with directives to the Lucknow Development Authority (LDA) to ensure accountability.
The Lucknow bench of the Allahabad High Court has questioned the stay on the demolition of an illegal building in Khurram Nagar issued by a single bench. The division bench, composed of Justice Rajan Roy and Justice Prashant Kumar, has requested the records of the petition to determine why the stay was granted despite earlier demolition orders. The court also examined whether the petition was maintainable, noting that it was filed under Article 226 instead of Article 227 of the Constitution. Advertisement
The issue dates back to 2016 when Hemant Kumar Mishra filed a public interest litigation challenging illegal construction in Khurram Nagar. The Lucknow Development Authority (LDA) had initially issued a demolition order on May 10, 2016. Instead of complying, the builder removed the LDA's seal and expanded the structure into a shopping complex. Following rejection of a compounding petition, the LDA issued a new demolition order in 2022.
Despite these orders, the builder, Farooq Siddiqui, filed a petition before the single bench, which stayed the demolition in September 2025 until his appeal before the LDA chairman was resolved. The single bench also allowed the builder an opportunity to compound the illegal construction. The division bench has raised concerns about the speed and urgency of the hearing, as the petition was entertained on the same day it was filed.
The High Court has directed the LDA Vice-Chairman to comply with previous orders requiring action against officers and employees responsible for the illegal construction and delays in enforcement. The Vice-Chairman has also been instructed to appear via video conferencing in the upcoming hearing scheduled later this month.
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