Plea urges Supreme Court to step in to prevent U.P. demolitions

Jamiat says officials violating ‘rule of law’ by using bulldozers to raze homes of people linked to riots

A prominent Muslim body on Monday urged the Supreme Court to step in against officials in Uttar Pradesh who have violated the “rule of law” by using bulldozers to raze the homes of people linked to riots which broke out in the State following objectionable remarks allegedly made by two now-sacked BJP functionaries against Prophet Muhammed.

“The demolition of properties by the State government in retaliation was in breach of the laws enacted by the State legislature itself,” Jamiat Ulama-i-Hind, represented by advocate Kabir Dixit, argued.

Section 10 of the Uttar Pradesh (Regulation of Building Operations) Act of 1958 mandates that a building should not be demolished without giving the affected parties “a reasonable opportunity of being heard”. Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973 required the affected person to be heard and given 15 days’ prior notice before proceeding with the demolition. Besides this, the Act allowed a person aggrieved with the order of demolition entitled to appeal within 30 days.

The petition submitted that the threat of demolition of private properties had been given by State officials, including the Chief Minister in Uttar Pradesh, after riots broke out in Kanpur following “some offensive remarks made by two political leaders of the ruling party at the Centre and the State”.

“Following the protests and riots in Kanpur, the Chief Minister, the Additional Director General (Law and Order) and the Commissioner of Police of Kanpur had told reporters that the properties of accused persons would be seized and demolished,” it said.

The Jamiat alleged that the authorities began to demolish the houses without even giving these people an opportunity to be heard. The petition asked the court to direct initiation of action against officials responsible. It urged the court to direct the authorities to stop any further demolition from being carried in violation of the due process of law.