Demolition process after Bahraich violence: ‘No reason to believe UP govt will not follow SC order,’ says Allahabad HC

The Lucknow bench of the Allahabad High Court on Sunday ordered the state government prosecutor to seek full directions on the demolition process in the Bahraich violence case and postpone the government’s response to October 23 , even if the court granted a period of 15 days to the people concerned to respond. to demolition notices.

Previously, occupiers (in notices issued on October 17 and pasted on their houses on October 18) were asked to respond to the notices within three days.

“We expect those facing formal notices to participate in the procedure in the meantime. We further anticipate that if they file their response to the notice within 15 days from today, the competent authority will consider and decide the same by passing a spoken and reasoned order which will be communicated to the injured parties. the court ordered by fixing October 23 as the next date of hearing in a PIL petition challenging the demolition notices.

The order was passed by a division bench comprising Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi on a Public Interest Litigation (PIL) petition filed by the Association for Protection of Civil Rights through its vice-president (UP East Chapter).

“The Apex Court in respect of demolition of constructions has already taken cognizance of a larger issue and the following order has already been passed by the Apex Court in Writ Petition (Civil) No. 295 of 2022 on 17.09. 2024,” the court said.

“We have no reason to believe that the order passed by the apex court will not be implemented by the State of Uttar Pradesh in letter and spirit. Obviously, unauthorized structures in any public place such as roads, streets, footpaths, adjoining railway tracks or any body of water or watercourse, as well as cases where there is a demolition order issued by a court, constitute exceptions to the general rule. “, he added.

The petitioner sought directions to restrain the authorities of the respondent State from carrying out demolition of properties belonging to individuals of a particular community in Bahraich.

“Such demolition proceedings are being carried out under the guise of illegal and arbitrary notices dated October 17, 2024, although there is no valid encroachment on the public highway,” the petitioner claimed while seeking directions to quash the said notice.

Objecting to the plea, senior counsel for the state government, Shailendra Kumar Singh, raised objections saying that notices had been issued against unauthorized constructions which were constructed after encroachment.

He submitted that the notices issued were challenged under the PIL and therefore the PIL was not maintainable in the present case and was liable to be rejected.

The court said, “Leaving open the question of maintainability of the present application, for which the learned standing counsel has time to file written objections, if any, within a period of three days from today , we proceed to adopt the following. order.”

“In the present case, we find that at kilometer 38 of Kundasar-Mahasi-Nanpara-Maharajganj, District Road, notices have been issued to some people for erecting unauthorized constructions. Notices are issued to the persons concerned to participate in the proceedings through a response which they must submit within three days,” the court said.

“It is not clear from the pleadings whether the aggrieved persons filed a response or addressed a forum or not. In any event, formal notices against a limited number of persons called upon to participate in the procedure cannot be considered as a matter of general public interest, of which it is possible to become aware in the context of a litigation of public interest, unless the vulnerability of an injured person is proven. such that it is established that he is the one who is not in a position to approach the court for availing the remedy available under the law,” the court added.

“Leaving all these aspects of the matter open, what pricks the conscience of this court is the issuance of notices to submit the response within a short span of three days. As for the number of houses located at kilometer 38 of Kundasar-Mahasi-Nanpara-Maharajganj, District Road which have been duly permitted to construct, this is also not very evident from the notice which may require clarification,” the court ordered.

“Without observing anything on the merits at this stage, as already observed, we grant three days to the Chief Standing Counsel to obtain full instructions. The situation regarding the category of road and the applicable standards may be clarified at the next fixed date,” the court said.