UP: Allahabad HC gives residents 15 days to respond to demolition notices
The notices stated that no structure was permitted within 60 feet from the centre of the major district road in rural areas without prior approval.
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The PWD notices were pasted on 23 structures, including 20 belonging to Muslims, on Friday after it was alleged that they were involved in the violence, which claimed the life of a youth, Ram Gopal Mishra, 22. (Representational File)The Allahabad High Court on Sunday granted 15 days to a section of residents of Maharajganj village in Uttar Pradesh’s Bahraich district to respond to the demolition notices served on them by the Public Works Department (PWD) in the wake of communal clashes in the area last week.
Earlier, the residents were given only three days to reply, maintaining that the failure to respond to the notices within the stipulated time will lead to the demolition of structures and the cost of removing these will be recovered from their owners.
A special division bench of Justices Subhash Vidyarthi and A R Masoodi constituted on Sunday evening passed the interim order while hearing a petition filed by the Association for Protection of Civil Rights (APCR).
The petition contended that the state government issued the notices illegally and its action to initiate the demolition drive violates the Supreme Court’s recent directives, banning bulldozer action except in certain cases.
The PWD notices were pasted on 23 structures, including 20 belonging to Muslims, on Friday after it was alleged that they were involved in the violence, which claimed the life of a youth, Ram Gopal Mishra, 22.
The notices stated that no structure was permitted within 60 feet from the centre of the major district road in rural areas without prior approval, directing them to provide the documentation of permission for construction within three days or remove the structures on their own.
The bench, which listed the matter for hearing on October 23, said, “Leaving all the aspects of the matter open, what pricks the conscience of this court is the issuance of notices to submit the reply within a short span of three days. As to what number of houses situated on kilometre-38 of the Kundasar-Mahasi-Nanpara-Maharajganj district road have been duly authorised for construction is also not much evident from the notices, which may require clarity.”
“Without observing anything on the merits at this stage, as already observed, we grant three days’ time to the chief standing counsel to obtain complete instructions… 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…,” it added. – With PTI inputs
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