New Delhi, Oct 22 (UNI) The Uttar Pradesh Government on Tuesday told the Supreme Court that they will not act on the demolition notices issued by the authorities against the buildings of certain residents of Bahraich who are accused of rioting untill tomorrow.
A bench comprising Justice BR Gavai and Justice KV Viswanathan said the Court will take up the application tomorrow and asked the ASG to defer the action of demolition till then.
In response, the Additional Solicitor General (ASG) KM Nataraj assured the court that no action will be taken till tomorrow.
Senior Advocate CU Singh mentioned the pleas challenging Bulldozer Actions taken by the authorities against houses of persons accused of crimes.
Recently, persons accused of Bahraich violence also filed an intervention against proposed demolitions.
Advocate Singh argued that in Bahraich, UP, on October 13, there was an incident…case of death…this is appealed by 3 persons who are recipients of demolition notices…they were given 3 days time to respond.
Singh further said that Applicant No.1’s father and brothers surrendered…notices were issued to them on Oct 17, but pasted outside their house on the 18th evening…we sought a hearing on Sunday, but that did not happen. Some have approached the High Court also, Singh told the Court.
Justice Gavai asked, ‘Violation under what?”
ASG KM Nataraj said that the matter is pending in the High Court.
Justice Gavai asked, “If they (UP authorities) want to take the risk of flouting our order, it’s their choice.”
Justice Viswanathan said, “Now 15 days has been given (by the High Court) Counsel for petitioners said that still no protection is there.”
Justice Gavai said, “If your construction is on the road…we will have it tomorrow.”
Justice Gavai then asked the ASG, “Till tomorrow, stay your action.”
The matter pertains to an incident in which communal riots had taken place in the town of Bahraich in Uttar Pradesh last week.
Recently, the authorities issued notices to demolish the buildings of certain persons, who are named as accused in an FIR related to rioting, by alleging that their constructions were illegal.
Three of them applied to the Supreme Court on Sunday against the demolitions proposed to be carried out on that day (October 20).
The same bench of the Supreme Court on September 17, had passed an interim order that no construction should be bulldozed without prior permission from the Apex Court, except those that are encroachments on public spaces.
The same bench recently reserved judgment on a batch of petitions seeking directions against “Bulldozer actions” by various State authorities, whereby houses of persons accused of crimes are demolished as a punitive action.
