Directions Ignored In Letter And Spirit: Allahabad HC Records ‘Serious Displeasure’ Over Lucknow DM’s Absence In La Martiniere Land Demarcation Case
The Court said demarcation report based on satellite maps without measurements cannot be treated as valid and directed DM to appear personally.
The Allahabad High Court, Lucknow Bench has recorded its “serious displeasure” over the manner in which authorities carried out the demarcation of land belonging to La Martiniere College, observing that its earlier directions had been ignored “in letter and spirit”.
The Division Bench noted that the demarcation report submitted before the Court was inadequate, as it merely contained coloured satellite maps with certain plots marked but without proper measurements, gata numbers, or ground verification. The Court observed that such an exercise could not be termed a proper demarcation report.
Justice Alok Mathur and Justice Amitabh Kumar Rai observed, “…It is evident that the yellow lines which pertains to the land of Kothi Martinere is also incomplete in as much as on the western side the line are still going ahead in the said map without any convergence. No measurement has been taken or indicated in the map nor any gata numbers are indicated in the entire land. Neither any measurement is indicated or got done on the map or on the ground and we wounder how such an exercise has been given the colour of ‘demarcation’. It can safely be concluded that such a report cannot be termed as demarcation report”, the Bench categorically observed.
Furthermore noting that the matter of demarcation of land is pending since 2016, the Court remarked, “We had instructed the District Magistrate to ensure proper demarcation is carried out but we are surprised and baffled to note that our directions have been totally ignored in letter and spirit. The District Magistrate has chosen not to appear today and has moved an application for exemption citing certain functions in which Central and State Ministers are participating. We are hesitantly putting on record our serious displeasure with the intransigent and obdurate manner in which the demarcation has taken place without any material indicating that the District Magistrate who was entrusted with the task of overseeing the demarcation has even looked into the record and the report submitted before us and also the fact that the District Magistrate has deliberately chosen not to appear in the court today”.
Senior Advocate Jaideep Narain Mathur appeared for the petitioner, Anuj Kudesia, Additional Advocate General, Prakhar Mishra, Additional Chief Standing Counsel appeared for the respondents.
In an affidavit filed before the Court, La Martiniere College, Principal, Gary Dominic Everett stated that construction by the Lucknow Development Authority (LDA) was being carried out on the College’s land without acquisition proceedings or the consent of the trustees.
He referred to a letter dated February 18, 2026, issued by the Principal Secretary (Law) and Legal Remembrancer, Government of Uttar Pradesh, informing the LDA that the College’s land could not be acquired and seeking a report regarding the construction, to which no response had been received.
It further stated that on February 27, 2026, the Court had directed immediate demarcation of the College’s land, while on the same day the Vice Chairman of LDA admitted in a letter that construction was taking place on at least a portion of the College’s land without prior acquisition or permission. It was also pointed out that the Sub-Divisional Magistrate, Sadar, Lucknow, through a letter dated February 28, 2026, expressed inability to carry out the demarcation despite the Court’s order.
According to the affidavit, despite earlier directions of the Court dated August 10, 2016 and February 27, 2026, the authorities had still not conducted a proper demarcation, while construction activities allegedly continued, depriving the College of the use and enjoyment of its property.
The Bench recording its displeasure with the “intransigent and obdurate manner” in which the demarcation exercise was conducted, directed the District Magistrate, Lucknow to appear in person on the next date of hearing.
The Court also asked counsel for the Lucknow Development Authority (LDA) to explain how construction of a flyover had commenced without obtaining permission from the trustees of the land belonging to the trust and to place the relevant documents before the Court.
The matter has been listed for March 16, 2026, with the interim order to continue till the next date of hearing.
Cause Title: La Martiniere College Lucknow Thru Its Principal v. State Of U.P. Thru Prin. Sevy. Deptt. Of Irrigation Lko. And Ors. WRIT - C No. - 1387 of 2016
Appearances:
Petitioner: Jaideep Narain Mathur, Senior Advocate, Aakash Prasad, Yash Joshi and Aishwaya Mathur, Mohd. Altaf Mansoor, Advocates.
Respondent: Anuj Kudesia, Additional Advocate General, Ratnesh Chandra, Counsel LDA, Prakhar Mishra, Additional Chief Standing Counsel, Ashok Kumar Verma, Advocate.