Act Legally: The Supreme Court Rules That Demolitions in Uttar Pradesh Cannot Happen without Prior Notice
GG News Bureau
Lucknow, 16th June. “Action will only be taken in accordance with law,” the Supreme Court said on Thursday, June 16, as it asked the Uttar Pradesh government to refrain from carrying out any demolitions unless they follow the legal procedure.
A vacation bench of Justices AS Bopanna and Vikram Nath is hearing the case challenging the recent spate of demolitions in Uttar Pradesh. The case has been rescheduled for a hearing on Tuesday, when the state is expected to file an affidavit outlining their position.
However, the apex court stated that while it cannot stop demolitions, it can instruct the state to do so in accordance with the law.
Justice Bopanna remarked orally:
“We are aware that demolitions cannot take place without notice.”
The court stated that “when someone has a grievance, they have a right to have it addressed,” and that respondents will be given time to file their objections. but that “we should ensure their safety” in the meantime.
The court stated, “Let us be clear, they are also members of society.”
On Thursday, however, the court did not issue any interim orders.
Before the Supreme Court, a Pleading
The petition before the Supreme Court challenges a recent demolition drive in Uttar Pradesh that targeted the homes of those accused of being involved in the violence on June 10th in response to Nupur Sharma’s remarks about Prophet Muhammad.
The petition, filed by Jamiat-Ulema-e-Hind, asks the court to order that no more residential or commercial properties be demolished without due process being followed.
According to LiveLaw, the petition also requests that any demolition exercise be carried out strictly in accordance with applicable laws and only after each affected person has been given due notice and an opportunity to be heard.
This follows a wave of bulldozer attacks across the country, including in Delhi and Madhya Pradesh, against those involved in communal violence.
Demolitions in the state of Uttar Pradesh
The Supreme Court hearing on Thursday comes in the wake of the Uttar Pradesh government’s recent demolition drives in Prayagraj and Kanpur, citing “illegal constructions.”
The house of Javed Mohammad, who the police allege is a key conspirator in the unrest in Prayagraj, was demolished on Sunday, June 12th, with the claim that the property was illegal.
The municipal corporation in Saharanpur also bulldozed the homes of two of the accused, Muzammil and Abdul Waqir.
While producing tax receipts for the house and alleging breach of protocol in serving notice to the family ahead of the demolition, Mohammad’s family and lawyer have called the demolition illegal.
In connection with the violence that erupted following Friday prayers on June 10, the UP Police have arrested 357 people from nine districts.
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