New Delhi, 22 June: The Uttar Pradesh government has filed a reply in the Supreme Court (SC) regarding the bulldozer action. The government has accused Jamiat of giving a colour to the matter. The case is to be heard on June 24 in the apex court.
The UP government has said that the order for the demolition, whenever issued, is usually done months in advance. Referring to a specific case, the individual was issued a notice and riots had nothing to do with the action of the bulldozer.
On June 16, the court had issued a notice to the UP government and directed it to file a reply.
The court had said that the entire process should be followed in removing illegal constructions.
During the hearing, advocate CU Singh, appearing for Jamiat Ulama-i-Hind, had said that the action of bulldozer in Delhi’s Jahangirpuri was stayed by the Supreme Court.
In this case, notice was given to the UP government, but in the absence of an interim order, it was vandalized in UP.
Singh had said that this matter is of malice. Those whose names are mentioned in the FIR, their properties have been demolished selectively.
He had said that Section 27 of the Uttar Pradesh Municipality Act provides for giving notices as per the Urban Planning Acts across the country. At least 15 days will have to be given to remove the illegal construction. It can be demolished only if action is not taken for 40 days. Victims can appeal before the chairman of the municipality. There are other constitutional remedies.
The UP government had rejected the reason that notices were not served before demolition of illegal constructions in Prayagraj and Kanpur.
State government’s counsel Harish Salve said that all the procedure had been followed.
Solicitor General Tushar Mehta had said that the government had filed an affidavit after the earlier order in Jahangirpuri. None of the affected parties have filed the petition. Jamiat Ulama-i-Hind has filed the petition which is not the affected party.
The court had said that it knew whose house was demolished. Notices were issued in Prayagraj. The notices were given in May itself, before the riots. The demolition order was passed on May 25.
Jamiat has filed a petition and has demanded the issuance of guidelines not to do any sabotage in UP without following the law.
In this fresh petition filed by advocates Kabir Dixit and Sarim Naved, it has been said that a direction be issued to stop any action taken outside the law for causing damage to the residential and commercial properties of the accused in Kanpur.
The petition said that some objectionable statements were issued by the two leaders which led to communal tension in many parts of the country.
