UP Govt Files Its Reply, Produces Notices Served Before Demolition Of Houses In Kanpur And Prayagraj
Uttar Pradesh Government has, in the petition filed by Jamiat Ulama-e-Hind against the demolition that took place in Kanpur and Prayagraj, filed its detailed affidavit before the Supreme Court.
The Government of UP has with its affidavit produced the notices issued and ordered passed prior to the demolition of houses of individuals whose cases were cited by the Petitioner.
The affidavit says that the demolitions have been carried out by the Local Development Authorities, which are autonomous bodies and as per law as part of their routine effort against unauthorised/illegal constructions and encroachments.
The UP Government has in its affidavit stated that the constructions were illegal and that none of the affected parties has approached the Court. The affidavit states that, "The petitioners herein has attempted to give a mala fide colour to lawful action taken by the local development authorities as per procedure established by law by cherry picking one sided media reporting of a few incidents and extrapolating sweeping allegations from the same against the State. The same, it is submitted, is completely false and misleading."
The affidavit states that, "In so far as taking action against the persons accused in rioting is concerned, the State Government is taking stringent steps against them in accordance with completely different set of statutes, namely: Code of Criminal Procedure (CrPC), the Indian Penal Code (IPC), UP Gangster and Anti Social Activities (Prevention) Act, 1986, Prevention of Public Property Damages Act; and Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020 and Rules 2021."
Jamiat had through a new application sought a writ of mandamus to the Union of India and the State Government that no lasting precipitative action is taken against any accused in any criminal proceeding.
Jamiat had in its affidavit referred to the protest and the ensuing scuffle that happened in Kanpur District of Uttar Pradesh and stated that several persons of authority including the Chief Minister of Uttar Pradesh have given statements in the media that the houses and properties of the perpetrators would be razed using bulldozers.
The affidavit stated that, "adoption of such extra-legal measures is clearly in violation of the principles of natural justice, especially when this Hon'ble Court is hearing the present matter. It is pertinent to note that in the present matter this Hon'ble Court ordered stay of demolitions that were being carried out as a punitive measure in Northwest Delhi in similar circumstances. Hence, considering that the captioned matter is currently pending before this Hon'ble Court, restoring to such measures is even more alarming."
Jamiat had prayed that no precipitative action be taken in Kanpur District against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punitive measure, and that directions be issued to the State of Uttar Pradesh to ensure that any demolition exercise of any nature must be carried out strictly in accordance with applicable laws, and only after due notice and opportunity of hearing is given to each of the affected persons.