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Synopsis

The Uttar Pradesh Government, in its counter affidavit before the Allahabad High Court, that, Javed Mohammad, whose house was demolished in Prayagraj demolition order was passed on May 25, 2022, however he refused to comply with the directions in the order. The State has also told the court that he used the premises commercially for 'Welfare Party of India'

The affidavit, was filed in a plea moved by the wife and daughter of Javed Mohammad, the alleged mastermind of the Prayagraj violence of June 10. It has been moved against, the alleged illegal demolition of their house by the Prayagraj Development Authority (PDA).

The affidavit states that, Javed Mohammad is the State General Secretary of ‘Welfare Party of India’, had also put a signboard in front of the building to this effect. According to the counter affidavit, Parveen Fatima in her plea has not told the court that a demolition order was passed in May 2022 by PDA.  It has been stated that the demolition order itself is not challenged in the plea, it is not maintainable. 

It has been stated that PDA, on May 4, 2022,  received some complaints from the residents of the area alleging unauthorised office use in a residential area as well as illegal construction of the premises, by Javed. It has been stated that, the residents of the area, in their complaint informed that people kept coming and going to Javed’s residence all the time. The vehicles parked by these visitors on the road, created constant problem to the residents.

According to the counter affidavit, a Show Cause Notice was issued to Javed, by PDA asking him to appear on May 10, 2022. However, his family members refused to accept it, as a result of which, it was pasted on the wall of the building. The counter affidavit, further alleges that, the residents filed another complaint on May 19, 2022. It alleged that no action was taken despite the earlier compliant dated May 4, 2022. 

The PDA fixed a hearing was fixed on May 24, 2022, however no-one appeared despite the notice. Hence demolition order was passed. The affidavit states that the demolition order, was sent to Javed Mohammad, he was asked to remove the illegal structures in 15 days, failing which the same shall be demolished by PDA. 

The affidavit, states that, since Javed failed to comply with a demolition order, another notice was sent to him on June 10, 2022.  The notice, directed Javed to vacate the building by 11 AM on June 12, 2022 so that the demolition could take place. However, the service of the notice was refused again, the PDA in the affidavit has claimed that, it was again pasted on the wall of the building.  As a result of the above, the demolition was carried out. 

It has informed to the court, that, the petitioners never applied for sanction of the map for the demolished property, and the construction was raised without any sanctioned map.  On the allegation that the property was owned by the wife and not Javed, the affidavit notes that merely by paying the house tax, water tax, and electricity bill, it cannot be said that the person is the owner of the building. 

However, the affidavit filed through the Sub-Divisional Magistrate, Prayagraj further adds that as a matter of fact in the register of Nagar Nigam, Prayagraj the name of wife is mentioned in the column of occupier and not as the owner of the building. The affidavit filed also submits that, wife and daughter have not filed any document to show that the construction of the building was raised by them and further that Javed Mohammad has no property right.

In relation to Javed's past record, the affidavit submits that Javed is a history-sheeter being history-sheet no. 51-A and since 2007, 11 criminal cases in different police station has been registered against him.

Earlier, a division bench of Justice Anjani Kumar Mishra and Justice Sayed Waiz Mian had issued notice to the Uttar Pradesh government and PDA and sought their response.

Accordingly, the matter was listed for further hearing on June 30, 2022.

Javed was arrested on the night of June 10 in connection with an FIR lodged at police station Khuldabad of Prayagraj district and the PDA decided to bulldoze his house situated in the Kareli area of Prayagraj. Subsequently, his house was demolished on June 12, 2022.

Recently, a letter petition was also filed by a few advocates before the Allahabad High Court over the demolition of the house of Javed Mohammad, which got refused, suggesting they file a regular petition instead.

Case Title: Praveen Fatima & Anr Vs. State of UP & Ors.