Friday , January 10 2025

Instructions to maintain status quo at Jiumau disputed site

Allahabad High Court And Supreme

The Supreme Court on Thursday ordered to maintain the status quo by banning the construction work under the Pradhan Mantri Awas Yojana on the disputed plot in Jiamau, Lucknow. The plot is claimed to be owned by Abbas Ansari, son of gangster-leader Mukhtar Ansari. In 2020, Lucknow Development Authority demolished this bungalow of Mukhtar Ansari with a bulldozer. Now the government is planning to construct flats at this place under the Pradhan Mantri Awas Yojana.

Supreme Court’s comment on Allahabad High Court

Justice Surya Kant and Justice N. Kotishwar Singh’s bench considered the plea of ​​petitioner Abbas Ansari, stating that his petition was listed several times in the Allahabad High Court, but was not heard.

The bench said,

“Some High Courts we do not need to comment about, but the Allahabad High Court is certainly one of those Courts about which we should be concerned.”

status quo orders

The Supreme Court directed that Allahabad High Court should hear this matter immediately and till then no construction work should be done on the disputed site. The court said,

“If construction continues on the plot, it may cause irreparable harm to the petitioner.”

The bench said that until the High Court disposes of the matter, status quo should be maintained at the construction site.


Abbas Ansari’s claim

Abbas Ansari has claimed in his petition that his grandfather had purchased a plot of land in Jiyamau, the deed of which was registered on March 9, 2004. The plot was gifted to his grandmother Rabia Begum, who bequeathed it to Abbas and his brother in 2017.

However, in 2020, the Sub-Divisional Magistrate (SDM), Dalibagh, Lucknow, declared it as government property and they were evicted from the plot in August 2023.

What was said in the petition?

Abbas Ansari alleged that government officials started construction of residential units on this disputed land under the Pradhan Mantri Awas Yojana.

The petition stated:

“The SDM passed a unilateral order declaring the plot as government property, while the petitioner and his brother were not included in the process.”

Abbas Ansari filed a petition in the Lucknow bench of the Allahabad High Court in 2023, but no interim order was passed on his petition.

Emphasis on future hearing

The Supreme Court clarified that the matter is still under consideration of the High Court and the court will not give any opinion on it. However, the top court expressed concern as to why action was not taken on the petitioner’s petition in time.

The court directed the High Court to hear the matter as soon as possible and take an appropriate decision.