Bulldozer Row: Bulldozer action cannot be done without notice, Supreme Court tells Uttar Pradesh govt

Bulldozer Row:

The Supreme Court, while hearing a plea against the Uttar Pradesh government’s move to demolish the houses of violence accused, said demolition cannot take place without following due process.

Though the Yogi Adityanath government, in its defence, said there was no case of targeting any community, notices were served. Due process was followed in all cases of demolition in Prayagraj and Kanpur.

Muslim organization Jamiat Ulama-e-Hind had filed a petiton in the Supreme Court over the demolision of the properties of those who participated in violent protests against the remarks made on Prophet Mohammad by Bharatiya Janata Party (BJP) leaders by the Uttar Pradesh government.

The petition by the Jamiat Ulama-e-Hind urged the Supreme Court to give instructions to the Uttar Pradesh government to stop the demolition of people’s properties.

This development comes two days after several former judges and senior advocates wrote a letter to the Chief Justice of India, NV Ramana, urging him to take automatic cognizance of the alleged incidents of illegal detention of protesters, bulldozing of houses and alleged police action.

Authorities have so far demolished at least four properties in Kanpur, Prayagraj and Saharanpur districts on June 3 and June 10 after violent protests against suspended BJP spokesperson Nupur Sharma and expelled BJP leader Naveen Jindal for their comments on Prophet Mohammad. 

Thirty-nine people were injured in the violence in Uttar Pradesh, including 20 policemen. Demolition operations were carried out in Kanpur, Prayagraj and Saharanpur.

So far more than 350 people have been arrested. At least 50 hoardings with pictures of the alleged rioters were also erected in several areas of Kanpur for identification and subsequent arrest.

In its petitions filed in the apex court, the Jamiat Ulama-e-Hind has sought immediate directions from the state government to stop the “ongoing” demolition in several districts and take action against the authorities behind the demolition of properties.

The Jamiat Ulama-e-Hind said that the action taken by the police and state authorities was in complete disregard of the principles of natural justice and violation of municipal laws, which provide advance notice and hearing to those whose property is to be demolished. Has been demanded.

The petitions also claim that under section 10 of the Uttar Pradesh (Regulation of Building Operations) Act, 1958, no building shall be demolished unless the affected person is given a fair hearing. It further cites Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973, which requires 15 days notice and hearing of the affected person before proceeding with demolition.

The petitions also state that immediately after the violence, Uttar Pradesh Chief Minister Yogi Adityanath had told reporters that the houses of the accused persons would be demolished using bulldozers. The statement was also reiterated by Additional Director General (Law & Order) Prashant Kumar and Kanpur Police Commissioner Vijay Singh Meena.

Demanding no “hasty action” by the state government, the petitions state: “The adoption of such additional legal measures is a clear violation of the principles of natural justice, especially when this court is in the present case (Jahangirpuri demolition). Is related to).”

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