Allahabad High Court grants more time to file replies to demolition notices in Bahraich

23 people, including the Bahraich violence main accused Abdul Hameed, have been accused of encroaching on government land

The Lucknow Bench of the Allahabad High Court on Sunday (October 20, 2024) granted 15 days to persons affected by the demolition notice served by the Uttar Pradesh government in the aftermath of Bahraich violence, to respond to the missive.

In an extraordinary Sunday (October 20, 2024) sitting, the Division Bench of Justices Attau Rehman Masoodi and Subhash Vidyarthi heard a public interest litigation (PIL) petition moved by the Association for Protection of Civil Rights (APCR) challenging the Uttar Pradesh government’s proposed action to demolish properties of the accused in the Bahraich violence that left one person dead on October 13.

On October 18, the Public Works Department pasted demolition notices on the houses and establishments of 23 persons, including the main accused Abdul Hameed, asking them to remove the illegally built structures on government land within three days to avoid official action.

While the court issued notice to the U.P. government to respond within three days, it kept the question of the maintainability of the petition open.

Taking exception to the fact that an association had filed the petition on behalf of the victims, the court orally remarked that it had no reason to believe that the U.P. government would not follow the Supreme Court’s order on demolitions.

In its interim order on October 1, the Supreme Court prohibited demolition without prior approval.

Thanking the court for taking up the plea on Sunday, APCR national secretary Nadeem Khan said they had approached the High Court so that it would grant more time because the victims who had been served the demolition notices were either absconding or were under arrest.

However, sources in the U.P. government maintained that the notices for the encroachments had been served over the last two years and that the government would put its case strongly before the court.

The next hearing of the case is scheduled for Wednesday.

A plea seeking a stay on the demolition notices was also moved in the Supreme Court on Sunday. Three petitioners, including the daughter of accused Abdul Hameed, have jointly filed a petition urging the top court to quash the notices issued by the U.P. government.

Published - October 20, 2024 10:54 pm IST