Demolitions as per law, not linked to protests: UP to Supreme Court

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Denying allegations of amerciable demolition of backstage properties successful the authorities pursuing violent protests implicit remarks connected the Prophet, the Uttar Pradesh authorities has told the Supreme Court that enactment was “carried retired by the Kanpur Development Authority and Prayagraj Development Authority strictly successful accordance with the Uttar Pradesh Urban Planning and Development Act, 1972”, and “had nary narration to the riots”.

In an affidavit filed successful effect to a plea by the Jamiat Ulama-i-Hind against the demolitions, the authorities authorities said: “The petitioner has attempted to springiness a mala fide colour to lawful enactment taken by the section improvement authorities, arsenic per process established by law, by cherry-picking one-sided media reporting of a fewer incidents and extrapolating sweeping allegations from the aforesaid against the state… The same, it is submitted, is wholly mendacious and misleading. The said demolitions person been carried retired by the section improvement authorities, which are statutory autonomous bodies, autarkic of the authorities administration, arsenic per law, arsenic portion of their regular effort against unauthorised/ amerciable constructions, successful accordance with” the 1972 Act.

Regarding 2 demolitions successful Kanpur, the UP authorities said, the location owners had “admitted” illegalities successful the construction.

The Jamiat Ulama-i-Hind had referred to statements by immoderate authorities officials to buttress its complaint that the demolitions targeted those allegedly progressive successful the protests.

Prayagraj: Security unit support vigil during the demolition of the residence of Javed Ahmed, a section person who was allegedly the cardinal conspirator of convulsive protests against now-suspended BJP leaders’ remarks connected Prophet Muhammad, successful Prayagraj, Sunday, June 12, 2022. (PTI Photo)

Countering this, the UP authorities said it “takes beardown objection to the effort by the petitioner to sanction the highest law functionaries of the authorities and falsely colour… the section improvement authority’s lawful actions strictly complying with the Act arsenic ‘extra ineligible punitive measures’ against accused persons, targeting immoderate peculiar spiritual community. All specified allegations are perfectly mendacious and are vehemently denied”.

“In truthful acold arsenic taking enactment against the persons accused successful rioting, the authorities authorities is taking stringent steps against them successful accordance with a wholly antithetic acceptable of statutes,” it said, listing the CRPC, IPC, UP Gangster and Anti Social Activities (Prevention) Act, 1986, Prevention of Public Property Damages Act and Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020.

Listing circumstantial cases, the affidavit said that successful the lawsuit of Ishtiaq Ahmed successful Kanpur, “there was commercialized operation enactment being undertaken connected the basement, ground, first, 2nd and 3rd level of the gathering successful a residential country of astir 130 quadrate metres, contrary to the program that was sanctioned for the gathering connected 6.7.2016.”

According to the affidavit, Ishtiaq Ahmed was issued a showcause announcement connected August 17, 2020, to halt the operation and look for a proceeding connected August 28. But neither helium nor his typical appeared for the hearing, aft which “several notices” were sent and the spot was sealed. The seal was broken, pursuing which an FIR was filed.

“The construction… was made connected the tract successful contravention of the approved double-storey residential gathering representation by the builder. Commercial operation was besides done against the approved residential map,” it said, adding that a demolition announcement was sent connected April 19 this year, giving the location proprietor 15 days to demolish the unauthorised construction. Since helium failed to comply, definite portions of the operation were demolished connected June 11, said the affidavit.

In an exertion filed connected June 17, Ishtiaq Ahmed’s son, Iftikar Ahmed, said “the non-compoundable information of the operation volition beryllium demolished by the babelike himself… Thus the offence of amerciable operation has been admitted by the builder himself,” said the affidavit.

In the lawsuit of Riyaz Ahmed successful Kanpur, the affidavit said, helium was undertaking enactment to acceptable up a petrol pump “without immoderate authorisation oregon support from the authority”. A announcement was issued connected February 18, followed by a showcause announcement connected February 23 fixing a proceeding connected March 8. However, arsenic helium did not look for the hearing, the premises was ordered to beryllium sealed and a demolition bid was passed connected April 20. Subsequently, a information of the under-construction bound partition was removed connected June 11, said the affidavit.

Thereafter, Riyaz Ahmed moved an exertion for compounding the operation connected June 17 on with an affidavit “wherein the illegality and irregularity successful the gathering has been admitted by the owner”, it said.

“Thus a perusal of the aforesaid facts uncover that 2 instances of removal of unauthorised amerciable constructions successful Kanpur by the Kanpur Development Authority connected June 11 were portion of the ongoing demolition thrust against encroachments and amerciable constructions and had nary narration to the riots arsenic falsely alleged by the petitioner. The petitioner has deliberately obfuscated the existent facts to overgarment a nefarious representation of alleged mala fides connected the portion of the administration, and that excessively without stating immoderate facts connected affidavit,” said the authorities government.

In the lawsuit of Javed Mohammed successful Prayagraj, the authorities authorities said, enactment for “illegal operation without immoderate authorisation astatine all… (and) unauthorised usage of residential onshore arsenic an bureau had been initiated anterior to incidents of rioting”.

“A nameplate made of marble was installed connected the bound partition of the gathering connected which ‘Javed M’ was written, and supra the bound determination was a signboard showing ‘Welfare Party of India’ on which the sanction of Mr Javed Mohammed, State General Secretary, was written,” said the affidavit.

The Prayagraj Development Authority received respective complaints from residents of the country “in respect of the unauthorised bureau usage successful a residential country arsenic good arsenic amerciable constructions and encroachments qua the said property,” it said.

A showcause announcement was issued connected May 10, granting a idiosyncratic proceeding connected May 24. “The announcement was attempted to beryllium delivered successful idiosyncratic astatine the premises; however, the server informed that though the household members were contiguous astatine the site, they refused to instrumentality the notice,” said the affidavit, pursuing which the announcement was pasted connected the partition of the building.

Neither Javed Mohammed nor his typical appeared for the hearing, and helium was asked to demolish the unauthorised operation wrong 15 days, by June 9, it said.

“It was lone aft owed work and providing capable accidental nether the Act that the amerciable operation was demolished by the Prayagraj Development Authority connected June 12, aft pursuing owed process of law, and the aforesaid had nary narration to incidental of rioting,” it said.

The authorities authorities urged the tribunal to “hold the petitioner to presumption for the said mendacious allegations without basis”, and to disregard the petition.

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