Lucknow, The Allahabad High Court on Friday termed it highly condemnable to evict shopkeepers in Ayodhya for the construction of a 300-bed super-speciality hospital without providing any rehabilitation or compensation.
The court observed that despite the shops having been allotted on lease and the occupants having acquired the status of lessees, asking them to vacate the premises without terminating their leases was unjustified. Such action affects their right to livelihood and violates Articles 19 and 21 of the Constitution.
The Lucknow bench of Justice Shekhar B Saraf and Justice Amitabh Kumar Rai observed that though the construction of a 300-bed super-speciality hospital is in the public interest, shopkeepers earning their livelihood through their businesses could not be evicted without making alternative arrangements.
The court also stressed the need for their rehabilitation or compensation for the losses suffered.
The court directed the state’s medical and health department to file a counter-affidavit within three weeks, explaining the steps proposed for the rehabilitation of the affected shopkeepers or payment of compensation.
The affidavit must be filed by an officer not below the rank of secretary.
The order was passed while hearing a petition filed by Mohammad Naeem and five others.
The petitioners submitted that the Sitapur Eye Hospital Society, Faizabad, had allotted shops to them on 30-year leases in 2000. After completing the prescribed formalities, possession of the shops was handed over to them on February 28, 2000. Under the applicable rules, the leases were to be renewed after every 30 years.
However, the Ayodhya district magistrate issued a notice on June 26, 2025, directing the shopkeepers to vacate the premises within 15 days. The notice stated that the land and shops had been transferred to the Medical and Family Welfare Department.
The petitioners had earlier approached the High Court, which directed the authorities to maintain status quo until their representation was decided. Subsequently, through an order dated July 31, 2026, the district magistrate stated that the land was required for the construction of the 300-bed super-speciality hospital and the shopkeepers had no right to continue occupying the premises.
The High Court has fixed November 16, 2026, for the next hearing.
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