The Allahabad High Court heard a Public Interest Litigation (PIL) filed by the Association for Protection of Civil Rights, represented by its Vice President for UP East, Sayed Mehfuzur Rehman.
The plea challenges the Uttar Pradesh Government’s proposed demolition of properties belonging to individuals accused in the recent Bahraich violence.
During the hearing, which took place at 6 pm, the bench comprising Justice Attau Rehman Masoodi and Justice Subhash Vidyarthi granted the affected individuals 15 days to respond to the demolition notices issued by the state government. Previously, the occupants were given only three days to reply, as indicated in the notices pasted on their houses on October 18.
Although the court did not explicitly stay the demolitions, it expressed confidence that the Uttar Pradesh government would adhere to the Supreme Court’s order regarding demolitions.
The court noted that victims of the violence had not approached the court regarding the demolition notices, which diminished the significance of the petition filed by the association. In response to the petitioner’s counsel’s arguments regarding the Supreme Court’s interim order, the court remarked, “We have no reason to believe that the UP Government will not follow the order passed by the Supreme Court.”
The court clarified that it would not interfere with the demolition notices and granted the state counsel three days to present the number of maps sanctioned for construction along the road in question.
The petitioner’s counsel expressed concerns about the situation in Bahraich, stating that the recent violence had forced many affected individuals to flee their homes out of fear of malicious prosecution. In light of these circumstances, the court allowed 15 days for the affected individuals to submit their replies to the notices issued under the Road Control Act of 1964.
The Public Works Department’s notices claimed that the constructions were “illegal” as they were situated within 60 feet of the central point of rural roads, which is not permissible.
The authorities defended their actions, stating that these encroachments were being removed to widen roads in the Maharajganj area. The notices warned that failure to remove the “illegal” constructions within three days would lead to their removal by authorities, with costs recovered through revenue proceedings.
Demolition notices issued to 23 properties in UP
The Public Works Department in Uttar Pradesh’s riot-hit town Bahraich issued notices to the alleged illegal construction of 23 houses and shops, giving the owners three days to demolish them.
The action comes in the wake of violent riots in the area. The notice was also pasted on the property of Abdul Hameed accused of shooting 22-year-old Gopal Mishra. The authorities have given property owners just three days to comply with the demolition order.
While confirming the decision, block development officer (BDO), Mahsi, Hemant Kumar Yadav said “We have been asked to be prepared for action. Three days were given to the encroachers and the action would take place probably on Sunday or Monday as per the instruction.”
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