Plea filed in Supreme Court against demolition of defendants’ properties

A petition has been filed in the Supreme Court by three accused in the incidents of violence in Bahraich, Uttar Pradesh, on October 13, 2024, against the demolition notices they received from the authorities for a proposed demolition on October 20 (today).

An Intervention Application (IA) has been filed in the ongoing case against the state government’s ‘bulldozing action’ against those accused of violence.

The IA requests the suspension of the demolition as well as the notices issued to the three people by the authorities. The AI ​​cites a statement by the local MP that the administration has pasted a demolition notice on the illegally built house of the main accused Abdul Hameed, and the next action will be known very soon.

Recently, as demolition spread across the country without court permission, the top court ruled that a person’s house cannot be demolished just because he is accused or convicted in another crime. The top court further said it would lay down pan-India guidelines to prevent abuse of municipal laws.

Three people named in the FIRs registered related to the Bahraich violence, who are hawkers and farmers by profession, claim that the properties for which notices have been issued are between 10 and 70 years old. They appealed to the highest court claiming that the planned demolition of their properties constitutes a punitive measure following the violence of October 13.

They alleged that the government’s stand that it is an unauthorized construction is just a ruse to illegally circumvent the Supreme Court’s decision to stay the demolition without court permission.

The plea highlights the urgency demonstrated and the short notice of 3 days to respond to the notice deprives the applicants of a reasonable opportunity and time to seek legal recourse to protect their properties which have been there for decades. They also alleged a policy of “pick and choose” on the part of the Uttar Pradesh government, pointing out that the adjacent neighbor on the other side of the same house was not given any notice.