Follow The Law, SC Tells UP Government On Prayagraj Demolition, Seeks Affidavit In Three Days
Supreme Court on Thursday observed that demolitions being carried out by the Uttar Pradesh government have to be under the due process of law.
There must be a sense among the citizens that the rule of law prevails in the country, a vacation bench of Justices AS Bopanna and Vikram Nath said on Thursday while hearing a petition against the recent demolitions carried out by the authorities in Prayagraj.
No stay on demolitions
"Everything should look fair, we expect the authorities to act only in accordance with the law. Ensure safety so that nothing untoward happens," noted the top court.
The Supreme Court also asked the Yogi government to file an affidavit in three days
The bench clarified that it cannot stay the demolitions but can only say that such action should be strictly under the due process of law.
The SC was hearing a plea by Jamiat Ulama-i-Hind seeking directions to the Uttar Pradesh government to ensure that no further demolitions of properties of alleged accused of recent violence are carried out in the state.
Due process followed, says government
Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, and senior advocate Harish Salve, representing the Kanpur and Prayagraj civic authorities, said the due process of law was followed and notice in one instance of demolition was given way back in August 2020.
Senior advocate CU Singh, appearing for the Jamiat Ulama-i-Hind, said that section 27 of the Uttar Pradesh Urban Town Planning Act says that at least 15 days' notice should be given before the demolition of properties so that the alleged encroachers can approach appellate authorities for remedy but in all of these cases, no notice has been given.?
In the past few months, several BJP-ruled states including UP had been in the news for demolishing houses and other buildings of those accused of rioting and violence, if they are Muslims.
Prayagraj demolition?
Recently the Prayagraj Development Authority (PDA) had demolished the house of activist Javed Ahmad, who is accused of being the mastermind of the stone pelting that took place in the city on June 10 after protests against the?controversial remarks on Prophet Mohammed made by now-suspended BJP spokesperson Nupur Sharma?spun out of control.
The PDA had pasted a notice on the house on June 11, mentioning a show-cause notice of a previous date.
"The house was built without getting its map passed by the PDA. For this, he was issued a notice on May 10 and was told to present his side on May 24. On the given date, neither Javed nor his lawyer turned up. No document was presented as well, and hence on May 25, demolition orders were issued," a PDA official had said.
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