The UP government told the apex court that "Demolitions Lawful, No Link To Rioting"



Share on:

"Lawful action was taken by the local development authorities as per the procedure established by law," it said.

The recent bulldozer demolitions in Uttar Pradesh were lawful, and action against rioters is being taken under separate laws, the authorities told the Supreme Court today in response to a plea challenging the demolitions which it said are targetting a specific community.

The government has sought dismissal of the plea with the imposition of fines on the petitioner.

Demolitions are a part of a routine effort against illegal constructions and notices for the identical were issued way back, the UP government said within the top court, adding that the petitioner is falsely linking the demolitions to the riots.

"Lawful action was taken by the local development authorities as per the procedure established by law," it said.

Proceedings against Javed Mohammed's house were done after giving them the adequate opportunity, with no respect to his role within the Prayagraj violence. group action of law followed, it said.

On June 16, the Supreme Court issued a notice to the UP government seeking its response to a plea filed by the Islamic organisation Jamiat Ulama-i-Hind. The court had then observed that demolitions should be in accordance with the law, and can't be a retaliatory measure.

The state also argued that no affected party is before the court and whether or not it were to approach it, it's meant to travel to the tribunal first.

Referring to the Kanpur demolitions, the UP government said that two Kanpur builders have admitted the constructions are illegal and proceedings under the Urban Planning Act had started long before the riots.

"Petitioner Jamiat Ulama-I-Hind has attempted to offer a mala fide colour to lawful action," the state said in its response, adding that it's "cherry-picking one-sided media reporting of some incidents" and extrapolating sweeping allegations from the identical against the state

"Demolitions are dispensed by the Local Development Authorities, which are statutory autonomous bodies, independent of the State administration, as per law as a part of their routine effort against unauthorised/illegal constructions and encroachments, in accordance with the UP Urban Planning and Development Act, 1972," it said.

On action against the accused in rioting, the government said it's taking stringent steps against them in accordance with a very different set of statutes -- Code of Criminal Procedure (CrPC), the Indian legal code (IPC), UP Gangster and Anti Social Activities (Prevention) Act, 1986, Prevention of holding Damages Act; and Uttar Pradesh Recovery of Damages to Public and personal Property Act, 2020 and Rules 2021.

Arguing that the petitioner's plea isn't ought to have invoking the "extraordinary jurisdiction" of the highest court, the UP government pointed to a recent writ petition filed by a organization (CPM) with regard to the alleged demolitions in Shaheen Bagh, where it noted that only the affected party and not political parties should step to the fore. It had allowed withdrawal of the petition with liberty to approach the state supreme court.

The petition, filed by Muslim body Jamiat Ulama-i-Hind, was in reference to the recent demolitions of buildings deemed illegal by the state administration in Kanpur and Prayagraj.