Shown as Ayurvedic Garden, Allahabad HC wants Kanpur mall razed

ALLAHABAD: In an important development, the Allahabad high court has directed that the Multiplex Recreation Centre at Kanpur, Rave 3, which was shown as Ayurvedic Garden in master plan, be demolished forthwith without any further delay. The court further directed that after demolition, the Kanpur Development Authority (KDA) shall restore the land as it was at the time of its transfer.
The division bench comprising Justice Sudhir Agarwal and Justice Ajit Kumar, while hearing a PIL filed by Krishak Mazdoor Evam Pashupalak Vikas Samiti and another, quashed the Government Order dated November 18, 1999 allowing transfer of the land to private entrepreneurs for commercial use, declaring it illegal.

The court observed, "The space shown as Ayurvedic Garden was for the benefit of citizens of Kanpur City, who have a problem of air pollution due to large number of industries. They were given an opportunity of getting clean air by developing huge area of disputed land as Ayurvedic Garden. This purpose was defeated for the benefit of commercial gain of a corporate individual like respondent four."

The court directed that the expenses incurred in demolition and restoration of status of land, as it was at the time of transfer, shall be realized as penal compensation/damages from private respondent, who had carried out the construction.

‘Message to those indulging in illegal activities for gains’

The court also imposed a cost of Rs 15 lakh to be equally borne by state government, KDA and corporate individual. The court gave liberty to the state and KDA to recover the cost from officers found responsible for the illegal change of land use and construction of commercial multiplex after making enquiry as it deems fit and also to fix responsibility and liability upon such erring officials by holding departmental enquiry as well. The 22,468.468 square metre land is located at Plot no. 11, Block no. 6, Bhairav Ghat, Civil Lines, Kanpur.

The court further observed, “A message must go to the society that persons who indulge in illegal activities for their personal monetary gain and succeed in achieving their evil design with the aid of corrupt means and practices, even going to the extent of purchasing legality for covering their wholly illegal act, as in the present case, shall not be spared and would be dealt with severely; their illegal structure may be demolished at any stage whenever it comes to notice.”