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Synopsis

The Allahabad High Court has granted 15 days to respond to the persons who received demolition notices for alleged illegal structures in Bahraich, Uttar Pradesh. A total of 23 people, including Abdul Hameed, the main accused in the Bahraich violence, have been issued notices for illegally occupying government land along the Kundasar-Mahasi-Nanpara-Maharajganj District Road.

This order was passed by a division bench of Justices Attau Rehman Masoodi and Subhash Vidyarthi during an extraordinary Sunday hearing in a Public Interest Litigation (PIL) plea filed by the Association for Protection of Civil Rights (APCR) challenging the government's proposed demolitions.

Leaving the question of maintainability of the writ petition open, court emphasised the need for compliance with the Supreme Court's guidelines on demolitions.

Court, however, said that it has no reason to believe the State of Uttar Pradesh would not follow the Supreme Court's directions in this matter.

The apex court had previously ruled that demolitions could not take place without its prior approval unless the structures were in public spaces such as roads, streets, footpaths, or riverbanks. Additionally, demolitions ordered by other courts were exempt from this ruling.

In the present matter, court's primary concern was the brevity of the response period i.e. 3 days granted to those receiving the notices. It questioned whether this short timeframe was reasonable and whether all necessary legal procedures had been followed.

The high court directed the State to clarify the category of the road in question and applicable norms, giving the Chief Standing Counsel three days to gather instructions.

Furthermore, it questioned the public interest nature of the petition, suggesting that this case involved only a limited number of individuals and lacked broader societal implications.

Court has scheduled the matter for further hearing on October 23, 2024.

Meanwhile, the individuals served with the notices have been granted an extended period of 15 days to file their replies.

"We further provide that in case they file their reply to the notice within a period of 15 days from today, the competent authority shall consider and decide the same by passing a speaking and reasoned order which shall be communicated to the parties aggrieved," court ordered. 

Bahraich Violence

The violence in Bahraich began on October 13 during Durga Puja celebrations when some local members of a particular community objected to loud music. This led to the death of a 22-year-old man named Ram Gopal Mishra, and subsequent protests resulted in the torching of shops, vehicles, and private properties.

On October 18, the Public Works Department issued demolition notices to 23 persons, including the main accused Abdul Hameed in the death case of Mishra, ordering the removal of illegal structures on government land within three days to avoid action.

Case Title: Association For Protection Of Civil Rights (Apcr) Thru. Its Vice President ( Up East Chapter) Vs. State Of U.P. Thur. Its Chief Secy. Lko. And 5 Others