The Supreme Court has issued a notice to the Uttar Pradesh government to respond within three days to a petition seeking an injunction restraining the demolition of houses with bulldozers. The court ruled that “in the end, the rule of law must prevail” and that “the demolition of buildings cannot be a retaliatory measure.”
In Uttar Pradesh, a case was filed against the bulldozers for demolishing the houses of people suspected to be involved in the riots. The case was heard today before Justices Bopanna and Vikram Nath during a special session of the Supreme Court recess.
Senior advocate Chiu Singh, who appeared for the petitioners at the time, said: If asked these are justified as illegally constructed buildings. Such an activity never took place before independence or even during the Emergency. Not only the persons involved but also the houses of their parents are being demolished. This is definitely not acceptable in a republic like India. ”
He added, “According to the Uttar Pradesh Urban Planning Act, 15 days’ notice must be given to the persons concerned before removing illegal structures. But the Uttar Pradesh government is illegally targeting a particular community without following any such rules, ”the petitioner alleged.
He continued, “Constructions are demolished only in accordance with the rules. Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, argued that only a few members of the Jamaat had filed a petition in the Supreme Court when none of the victims had approached the court. The judges then intervened and replied, “We must first realize that those whose houses have been demolished will not be able to access the court immediately.”
Following the arguments, the Supreme Court issued notice to the Uttar Pradesh government to respond within three days to a petition seeking an injunction restraining the demolition of houses with bulldozers. The Prayagraj and Kanpur municipal administrations were also ordered to respond. He further added that the rule of law should be fully adhered to when removing illegal occupations. The question is whether the government followed the law before demolishing the structures. ”
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The judges then issued a series of instructions: “The government must realize the need to be fair, and that any action must be in accordance with the law and not to intimidate the public.”
The case was adjourned till next Tuesday.
– Correspondent: Niranjankumar