LUCKNOW: The Lucknow bench of the Allahabad High Court, comprising a two-judge panel, has raised serious concerns regarding a single bench’s ruling that temporarily halted the demolition of a building in the Khurram Nagar area.
The ruling also allows the builder to approach the LDA to seek compounding under the new bye-laws.
The division bench summoned the records of the case previously heard by the single bench, questioning the urgency surrounding a matter that had seen a demolition order issued a while ago. They noted, “It raises the question of how maintainable the petition is before the Single Judge, particularly since it did not fall under Article 227 but 226 of the Constitution of India.”
Justices Rajan Roy and Prashant Kumar delivered this order while reviewing a public interest litigation filed by Hemant Kumar Mishra in 2016. The case is scheduled for further examination on October 27.
The PIL asserts that on May 10, 2016, the LDA had directed the demolition of an illegal construction, but instead, the builders expanded the construction by tampering with the LDA seal, leading to the establishment of a shopping complex.
During the hearing, LDA counsel Ratnesh Chandra stated that after the 2016 demolition order, the builders submitted a compounding petition which was denied, prompting a new demolition order in 2022.
Before the LDA could act on the August 13, 2025 order, the single bench issued a stay on the demolition until the appeal filed with the LDA chairman was resolved, responding to the petition from builder Farooq Siddiqui and others.
Chandra further explained that the single bench granted the builder a chance to address the illegal construction issue. He also mentioned that the petition was heard on the same day it was filed based on the petitioners’ claimed urgency.
Additionally, the two-judge bench instructed the LDA Vice-Chairman to comply with a prior order calling for action against the officials accountable for the illegal construction and for delaying any enforcement actions regarding the complex. The Vice-Chairman is also required to appear via video conferencing at the next session.
