Bulldozing in UP: SC says demolition can’t take place without due process of law

New Delhi:

New Delhi: : Responding to a petition against the UP Govt’s bulldozing acts, the Supreme Court on thursday observed that no further demolitions of properties are carried out in the state without following due process of law, and directed the UP Govt. to file an affidavit in 3 days to demonstrate that the action complied with the laws.

The apex court directive came on a petition filed by Jamaiat Ulema-e- Hind after the demolition of the house of politician Javed Mohammad allegedly behind Prayagraj violence that erupted in the wake of controversial remarks made against Prophet Mohammad by two BJP leaders.

According to LiveLaw, Supreme Court observed that demolitions of the illegal constructions can’t take place without following the due course of law.

SC remarked, “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,”

It was alleged by the lawyers of the Jamiat-Ulama-I-Hind that the U.P governments took action without giving proper notice. On this observation, SC said, “We’ve to be conscious of the fact that those people whose houses are demolished may not be able to approach the Court.”

During the course of the hearing, Advocate Chander Uday Singh, who appeared for the petitioner, strongly argued that one community was targeted and the process of demolition was ‘appalling’.

The country has never seen such situations even during the Emergency period, he remarked. He argued that notices were not issued prior to the demolition referring to UP Urban planning and development Act Section 27 and said notice was issued without the 15-day duration as per the law.

Senior Advocate Harish Salve, who appeared for the state of Uttar Pradesh, argued that the media was creating unnecessary hype on the issue. He also pointed out notices that had been issued long before the riots referring to instances of demolitions. He also argued that someone was riding the wave to protect their illegal properties, saying the demolitions were happening irrespective of communities.

TheJamiat plea stated that the present situation is more alarming as the Supreme Court had already ordered a stay of demolitions that were being carried out as a punitive measure in northwest Delhi in similar circumstances.

“It is a violation of the orders of the Supreme Court”, it read.

SC has scheduled the next hearing for Tuesday, 21 June 2022.( With inputs fromIANS)

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Responding to a petition against the UP Govt’s bulldozing acts, the Supreme Court on thursday observed that no further demolitions of properties are carried out in the state without following due process of law, and directed the UP Govt. to file an affidavit in 3 days to demonstrate that the action complied with the laws.

The apex court directive came on a petition filed by Jamaiat Ulema-e- Hind after the demolition of the house of politician Javed Mohammad allegedly behind Prayagraj violence.

According to LiveLaw, Supreme Court observed that demolitions of the illegal constructions can’t take place without following the due course of law.

SC remarked, “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,”

It was alleged by the lawyers of the Jamiat-Ulama-I-Hind that the U.P governments took action without giving proper notice. On this observation, SC said, “We’ve to be conscious of the fact that those people whose houses are demolished may not be able to approach the Court.”

SC has scheduled the next hearing for Tuesday, 21 June 2022.