The bench comprising Justices Subhash Vidhyarthi and Attau Rahaman Masoodi was hearing a petition filed by the Association for Protection of Civil Rights
Waquar Hasan | Clarion India
NEW DELHI — The Allahabad High Court on Monday stayed the demolition drive in Uttar Pradesh’s riot-hit Bahraich District for 15 days, granting relief to 23 residents and shop owners who were served notices to vacate their alleged encroached properties. The high court asked the state government to follow the Supreme Court order in this regard.
The hearing on this matter is now scheduled for October 23.
“We have no reason to believe that the order passed by the apex court shall not be carried out by the State of Uttar Pradesh in letter and spirit,” noted the order. A bench comprising Justices Subhash Vidhyarthi and Attau Rahaman Masoodi gave 15 days to the affected people to file their reply while hearing a petition filed by the Association for Protection of Civil Rights (APCR).
Following the communal violence in the Mahrajganj area of the district, the Public Works Department (PWD) pasted notices on the houses and shops, mostly belonging to Muslims, asking their owners to furnish valid documents of the properties in their possession.
The PWD notices were pasted on the properties of 23 individuals, including Abdul Hameed, the main accused in the violence in Bahraich during Durga idol immersion procession on October 13 and 14.
Block Development Officer (BDO) of 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 as per the instruction.”
On Monday’s high court order, advocate Mahfuzur Rahman, who is also vice president of the APCR, expressed satisfaction.
“The court has considered our prayers and gave relief to the affected people. Now, the matter is sub-judice and the next hearing is the day after tomorrow. Let’s see what happens in the next hearing. This judgement is fair and satisfactory and we expect a better order next time,” Rahman told Clarion India over the phone.
He said that they have filed the PIL (Public Interest Litigation) on their own after collecting information published and broadcast in the media. No affected people had approached him.
“As per the law, the victim should have gone to the court. We did not find the victims as they were not present in their homes. Then, we decided to file a petition on our own,” said Rahman.
The high court cited the order of the apex court in which it asked all governments not to carry out demolitions without obtaining permission from it. The apex court order excluded unauthorised structures built in public places.
About the state government’s moves, the high court asserted “Leaving all these aspects of the matter open, what pricks to the conscience of this court is the issuance of notices to submit the reply within a short span of three days. As to what number of houses situated on kilometer-38, of Kundasar-Mahasi-Nanpara-Maharajganj, District Road have been duly authorised for construction is also not much evident from the notice which may require clarity”.
The court gave the chief standing counsel three days to submit its response and 15 days for the affected persons to file their replies. The court also asked the affected individuals to participate in the proceedings.
“We expect the persons faced with the notices to participate in the proceedings in the meantime. We further provide that in case they file their reply to the notice within a period of 15 days from today, the competent authority shall consider and decide the same by passing a speaking and reasoned order which shall be communicated to the aggrieved parties,” said the court.
