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The Top Court asked the UP government to file their response on how the UP government was in compliance with the laws during the demolition

Feature Image for the blog - The Top Court asked the UP government to file their response on how the UP government was in compliance with the laws during the demolition

 

BENCH: The vacation bench of Justices AS Bopanna and Vikram Nath of SC

 

The Top Court asked the UP government to stop demolition except in accordance with the procedure specified by law. The Court granted three days to the UP government to demonstrate how the demolition was in compliance with the laws. 

 

The bench was considering an application filed by Jamiat Ulama-I-Hind seeking direction to the State government to ensure that no further demolitions take place without following due procedure. 

 

Counsel appearing for the petitioner stated that the State government bulldozed properties of persons allegedly involved in violent incidents following the former BJP spokesperson's remarks on Prophet Mohammad.  Counsel argued that demolition is against the municipal laws enacted by the State government. The counsel further pointed out the Urban Planning Act, wherein at least a 15 days notice is required to be given before initiating demolition.

 

Solicit General Tushar Mehta submitted that the petitioner does not have any locus in the matter. Since there is an allegation of violation of law, some aggrieved party should come forward and allege that demolition took place without serving any notice.

 

The petitioner sought directions to initiate actions against officials involved in the demolition of the houses. They alleged that after the violence took place in Kanpur, several officials stated on social media that the properties of the suspects should be identified and demolished, including the Chief Minister of the State. 

 

The Bench asked if any prior proceedings had been held against the properties that were demolished. To which, the state responded - It's justified to say these were illegal constructions.