SC SEEKS UP GOVT’S REPLY IN 3 DAYS ON DEMOLITIONS

                   From Our Bureau
NEW DELHI: Halting any further “bulldozer justice” in Uttar Pradesh, the Supreme Court on Thursday ordered no demolition “without notice and except in accordance with law” and sought within three days a reply from the state government on whether the recent drive followed procedure and municipal laws, fixing further hearing on Tuesday after getting the respo

Demolition drives taken up by the Adityanath-led government have so far targeted Muslim residents who have been labelled ‘masterminds’ within a day of clashes or protests. Soon after, buildings associated with them have been demolished after the administration deemed them ‘illegal’. Most recently, in Prayagraj, the administration destroyed the house of Welfare Party leader Javed Mohammad, a day after naming him a ‘key conspirator’ in the June 10 protests against BJP leaders’ comments against Islam. The house was notably in Mohammad’s wife’s name, even though the notice was in Mohammad’s name.Not just Mohammad’s house, but those of many others who were named accused in the June 10 protests were destroyed, as news reports have demonstrated.

A vacation bench of Justices A.S. Bopanna and Vikram Nath was considering an application by the Muslim body Jamiat Ulama-I-Hind seeking directions to the Uttar Pradesh government to ensure that no further demolitions are carried out in the state without following due process and that such exercise is done only after adequate notice. The pleas also sought action against yjr officials responsible.

“Demolitions can’t take place without notices, we are conscious of that,” Justice Bopanna said at the outset.

The organisation had already filed the plea on the issue of demolition of buildings in the Jahangirpuri area of the national capital. The apex court had declared status quo against the North Delhi Municipal Corporation’s demolition drive, which followed a model similar to Uttar Pradesh’s. The two fresh pleas were added to this petition.

Advocate C.U. Singh, appearing for Jamiat, noted that Uttar Pradesh authorities had taken advantage of the fact that the Jahangirpuri status quo did not apply to the state. Singh also said that notices, according to the Uttar Pradesh Urban Planning Act, should be given 15 days ahead of any demolition drive to the owner or responsible person.

Solicitor General Tushar Mehta, arguing for the Uttar Pradesh government, insisted that Jamiat had no locus in the matter.

“We have to be conscious of the fact that those people whose houses are demolished may not be able to approach the court,’ Justice Bopanna retorted.

Senior Advocate Harish Salve, who also appeared for the Uttar Pradesh government sought to submit that in three instances, including in Mohammad’s case in Prayagraj, “notice was issued in May, much before the riots.” Salve said that because the property is “valuable”, it was therefore not owned by people who could not approach the courts, seeking three days to put the legal papers on record.

“How do we ensure safety in meantime? We have a duty. We should ensure safety in meantime. If this court doesn’t come to the rescue, that wouldn’t be proper. It should look fair,” Justice Bopanna said orally.

When the Supreme Court bench asked if proceedings had been held before the demolition of properties, advocate Singh said there was none, highlighting how the chief minister and other high-ranking government position-holders have spoken of bulldozer action.

“Houses are demolished bringing in the bulldozer. Highest functionaries from Uttar Pradesh Chief Minister and downward have said bulldozers will be employed against those who take law into their own hands,” Singh said.