The Allahabad High Court has directed the Union of India and the High Court administration to file a short counter in reply to a Public Interest Litigation (PIL) that opposes the demolition of the Family Court building in Lucknow, also known as “Chandi Wali Baradari”. The petition seeks recognition of the building as a heritage monument.

Filed by social activist Gautam Bharti, the PIL highlights that this old structure is of historical and cultural value, representing the rich heritage of Awadh and Lucknow. The petitioner argues that instead of preserving the monument, the authorities are moving ahead with its demolition to construct 12 new courtrooms, without following the necessary procedures outlined in the National Building Code, 2016.

“...despite protecting and preserving the building, the respondents are acting in an arbitrary and illegal manner by attempting to demolish the structure, which holds great historical and cultural significance,” the PIL submits.

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The plea points to findings during excavation at the site, revealing artifacts from the Mughal and British periods such as bricks, machines, and underground structures. These discoveries underline the site's importance and the need for its conservation, not destruction.

It further stresses that no structural stability report has been provided by the authorities, despite citing the building's condition as the reason for its demolition. The petitioner suspects that the motive behind the demolition is simply to clear the space for new construction, bypassing proper heritage assessment.

“There is major apprehension that the said demolition order has been passed just to construct new and advanced courtrooms over the building without proper assessment of whether the building needs protection, conservation, or is indeed dilapidated,” the plea argues.

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The PIL also criticizes the lack of public consultation, stating that the future of a historic building should not depend solely on the opinions of officials. It calls for broader input from society, especially given the building's heritage status.

Crucially, the building falls within a Regulated Area under Regulation 5.2.2 of the Heritage Bye-laws related to the Protected Monuments at Kaisarbagh Gates, Lucknow. The petitioner accuses the authorities of ignoring the procedures outlined under Section 20C of the relevant Act, which governs work in such areas.

“…instead of protecting the fundamental rights guaranteed under Article 29 of the Constitution of India, the State, by proceeding with the demolition, is severely infringing the fundamental rights of the citizens,” the PIL states.

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The plea seeks a direction to quash the demolition auction and urges the declaration of the entire Family Court complex—including the Main Building, Nazarat Building, Record Room, Residences, and Chambers—as a monument of national importance under the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

On June 10, the division bench of Justice Saurabh Lavania and Justice Syed Qamar Hasan Rizvi instructed the respondents to clarify the use of the term “Family Court” in the regulatory provisions.

Advocate Amrendra Nath Tripathi represented the petitioner.

Deputy Solicitor General of India Suryabhan Pandey, with Advocates Varun Pandey, Gaurav Mehrotra, and Vijay Dixit, appeared for the respondents.