Hit by violence, Bahraich village now on edge over bulldozer threat

Among those in the crosshairs is Azizur Rehman (58), whose 22-year-old son was arrested on October 14 in connection with the violence. On October 18, the notice was posted outside the wooden door of his single-storey house and cosmetics shop.

The notice, which he claims incorrectly names him as Shamshuddin, said he had three days to remove the constructions, failing which the structures would be demolished.

On Wednesday, the Lucknow Bench of the Allahabad High Court, where the demolitions were challenged, posted the case for hearing on November 4. This came after the Supreme Court, which is also hearing the case, stayed the demolition for a day.

But with the sword hanging over their heads, many residents and shop owners have already left the area in anticipation of bulldozers. When The Indian Express visited, several houses were locked. Those who still remain have withdrawn their belongings to one part of the house.

“The day after the violence, the police raided my house and took my son. While I was trying to gather information about him, I found a demolition notice on my front door. Similar notices were posted on my neighbours’ houses,” Rehman, who claims to have been living in his house for the last five decades, says.

Scenes from Bahraich after the communal clashes. (Express Photo)

The road on which the 23 houses are located was at the epicentre of the Durga Puja violence on October 13, when a religious procession was passing through the road. The clashes left one person, identified as Ram Gopal Mishra, dead and several wounded.

A total of 14 FIRs have been registered in connection with the violence, with over 80 people arrested. Since then, several young men have left the area, residents say.

According to residents, all 23 notices were similarly worded: that their constructions stood within 60 feet of the centre of the MDR and were therefore deemed illegal. Residents had three days to furnish proof that the constructions were done with permission from the district magistrate, failing which the properties would be torn down, and costs recovered from owners. It is unclear exactly how many of those people who have been arrested have been issued these notices.

According to departmental standards, any construction within 60 feet of the MDR’s centre in rural areas is deemed illegal. MDR roads are meant to enhance transportation and connectivity for both rural and urban areas, ensuring efficient movement of goods and people. Since it is a PWD road, all decisions concerning it are made by the department. All 23 houses are located on both sides of the road, within a 300-metre radius.

Among those served such a notice was Abdul Hameed, the prime accused in the case. Hameed and his three sons were arrested last week in connection with the killing of 22-year-old Mishra. According to residents, the notices were issued sequentially, beginning with Hameed’s house.

Hameed’s 45-year-old neighbour Moon Jaiswal is one of three Hindus homes to have been served the demolition notice. Jaiswal’s two brothers and their families have received similar notices.

Most shops in Bahraich continue to remain closed. (Express Photo)

According to Jaiswal, his house was built over half a decade ago. Since he received the notice, he has vacated his confectionary shop in front of his home, he says, adding: “We were not involved in the violence, yet we are being punished for living next to Abdul Hameed’s house.”

Nearby, Momina Khatoon (68), whose three nephews were arrested during the violence, asks every passerby, “What judgments have the Supreme Court and Allahabad High Court passed regarding the demolition notices?”

“Where will I take my family of 14 if the government demolishes our house? We’ve been living here for about six decades,” she claims.

Officials from the revenue department and the PWD, calling the timing of these notices “a coincidence”, claimed that the properties were already earmarked for demolition.

“The road was previously classified as an other district road (ODR) but was reclassified as MDR about two and a half years ago. The buildings along the Maharajganj road have never applied for house map approval, so the exact width recorded is unknown to them (the residents). If any permission had been requested, we would have informed residents to maintain a distance of 60 feet from the centre of the road when constructing their homes. While it is a coincidence that the notices were issued shortly after the violence, the process of widening the road has been underway for the past year,” a PWD official said.

Residents claim that they had documents proving their ownership of the land on which their homes and shops are built. But they also admit that they had purchased the land long ago and had not sought approval for building plans from the authorities.

In an interim order last month, the Supreme Court had directed that there should be no demolition without its permission of properties of persons just because they are accused of being involved in a crime. However, the bench had clarified that the direction will not apply to removal of unauthorised constructions on public streets, footpaths, railway lines or water bodies.