The Supreme Court on Thursday (January 9, 2025) ordered to maintain the status quo regarding the construction of housing units under the Pradhan Mantri Awas Yojana at the disputed site in Lucknow’s Jiyamau, on which the son of gangster-leader Mukhtar Ansari claims ownership. Are doing. In 2020, the Lucknow Development Authority had demolished the bungalow of Mukhtar and Abbas Ansari along with his sons with a bulldozer. The government is planning to build flats on the disputed site under the PM Awas Yojana.
Justice Surya Kant and Justice N. The bench of Kotishwar Singh took note of the contention of senior advocate Kapil Sibal, appearing for Abbas Ansari, that the petition related to possession of the land was repeatedly listed before the division bench of the Allahabad High Court, but no interim stay was granted. On October 21 last year, the Supreme Court had asked the High Court to hear the application regarding interim stay as soon as possible. When the matter came up for hearing in the Supreme Court on Thursday, Kapil Sibal told the bench that despite its order, the matter has not been heard.
The bench said, ‘We cannot say anything about some High Courts, but Allahabad High Court is one of those High Courts about which one should be worried.’ Maintaining the status quo at the construction site, the Supreme Court bench directed the High Court to hear the case expeditiously.
The bench said, ‘Since we have not issued notice and have also not received any report from the Registry of the High Court, we are not inclined to express any opinion as to what were the circumstances in which the petitioner’s writ The bench did not consider the petition even though it was listed from time to time.
Kurt said that the petitioners have clearly stated that the authorities have started construction work on plot number 93 located in Jiyamau village, Lucknow, over which the petitioners are claiming ownership. The court said that if third party rights are created, it may cause irreparable harm to the petitioners. The bench said, ‘We dispose of this application by directing the authorities and the petitioners to maintain status quo at the site till the matter is heard in the High Court.’
According to Abbas Ansari, his grandfather had purchased a share in a plot in Jiyamau and the deed was registered on March 9, 2004. The petition states that he had allegedly gifted the said property to his wife Rabia Begum, who in turn bequeathed it to the petitioner and his brother through a will registered on June 28, 2017.
The petition states that the Sub-Divisional Magistrate, Dalibagh, Lucknow, allegedly passed an ex-parte order on August 14, 2020 (in the absence of the petitioners) declaring the plot as government property. After this the petitioner and his brother were evicted in August 2023.
After this, Abbas Ansari filed a petition in the Lucknow bench of Allahabad High Court in 2023. Influenced by the SDM’s order, some other co-owners of the plot also approached the High Court and the matter was listed before the division bench. When Abbas Ansari’s writ petition came up for hearing before the single judge on January 8, 2024, he ordered it to be listed with other cases to avoid conflicting orders.
Abbas Ansari argued that his writ petition has been repeatedly listed before the division bench, but no interim stay order has been passed in his favor, as has been done in the case of other affected persons. The petition states, ‘After taking possession of the plot of the petitioner, the authorities have started construction of some residential units at that place under the Pradhan Mantri Awas Yojana.’