Demolition 'bogey' returns to haunt LGC

LUCKNOW: The prestigious Lucknow Golf Club appears to be running into hazardous territory after a showcause notice was issued for demolition of its illegal construction by the Lucknow Development Authority (LDA).
And, with the Supreme Court ordering the demolition of a prominent sports club in Delhi's posh Vasant Kunj area for apparently similar reasons and the High Court here already having ordered that all constructions on green belt are illegal and must be demolished, the LGC has apparently slipped from the `fairway'.
In what was followed by a high-pitch drama, the LDA formally issued a notice to LGC under Section 16 of the Urban Planning and Development act, 1973 on August 26 (served on Thursday) asking as to why action may not be taken for violation of the landuse. LDA also asked the club office-bearers to appear before it on September 4 and explain as to why action should not be taken under Section 26 (2) (demolition) of the Urban Planning Act.
LDA sources though said that the representatives of the club later visited LDA and said that they had obtained a stay as an interim measure granted by the high court in December 2008 when the authority cancelled the map of the illegal structures, including a bar. The club had moved the court claiming that the map was cancelled without issuing a notice. A bench comprising Justices SN Shukla and Ved Pal had in their order dated December 19, 2008 said that "considering the facts and circumstances of the case as in interim measure, it is provided that the construction in question raised on the basis of the sanctioned map shall not be demolished till further orders of this court."
The LDA though has already prepared the counter in the case and is reportedly going to file it soon, sources said. The authority has issued the notice on the reasoning that the structures stood on a green belt and did not actually have the sanction, which stood cancelled automatically once the state government gave its disapproval for it.
The sanction to the map had been given by LDA earlier specifically on the condition that it was being sent for approval from the housing department and that the same will stand automatically cancelled if the housing department did not approve of it. The housing department had categorically replied that since the said constructions were made on a green belt area, they were illegal.
Interestingly, the High Court order dated January 20, 2004 too had maintained that "this court and the Supreme Court has directed in several decisions that no construction shall be made in the green belt and such constructions are wholly illegal." Also, that "the green belts must remain as green belt, and hence all such constructions shall be demolished forthwith and the green belt shall be restored,'' the bench comprising Justice Markandey Katju and Justice R S Rakhra had said.
To further strengthen the high court stand and the LDA action, the Supreme Court ordered the demolition of illegal construction done in a similar manner by a sports club in Delhi. A Bench of Justices B N Agrawal and G S Singhvi said that "when the courts have passed orders or the officers of the local and other bodies have taken action for ensuring rigorous compliance of laws relating to planned development of the cities and urban areas and issued directions for demolition of illegal/unauthorised constructions, those in power have come forward to protect the wrongdoers by issuing administrative orders or enacting laws for regularisation of illegal and unauthorised constructions in the name of compassion and hardship."
So, dismissing an appeal by Shanti Sports Club, which had sought legalisation of a vast expanse of government land in South Delhi's posh Vasant Kunj area which it had encroached upon and set up several sports and club facilities, the SC did not miss the then urban development minister Ram Jethmalani's soft approach towards the encroachment. The then minister, who recorded a note dated June 8, 1999, was extremely magnanimous to the sports club when he wrote that the extensive construction must have been made with full cooperation of public servants concerned, it said. Jethmalani had advocated no demolition and favoured negotiations for regularisation. The SC Bench, however, ordered for the demolition of the sports club earlier this week.
The same appears to be the case with the LGC also, which has managed to be in favour with the powerful so that it continues to allegedly flout the norms and various orders passed by the SC and HC here. However, the managing committee's alleged "arrogance" has apparently led to this impasse when while its illegal construction stands to be demolished, it is also running a bar illegally while managing to obtain monthly extensions for the bar licence even though it is allegedly illegally operating from a land which is not leased out to the club anymore. The excise department had also raided the bar recently and reportedly slapped a penalty for running the bar illegally. Similar raids are being conducted state-wide by the excise department which swooped down on the Banaras Club in Varanasi on Saturday.
When contacted by TOI, secretary of the club, Devesh Rastogi though refused to comment on the issue.