Nagpur violence: Bombay HC steps in to stay demolitions after civic body razes house of key accused Fahim Khan

The court issued notice to the Maharashtra principal secretary and municipal commissioners after observing that it is a violation of Supreme Court order protecting properties from illegal demolition, Ashwin Ingole, an advocate at the high court, told The Indian Express.

The court also gave oral instructions to the Nagpur Municipal Corporation (NMC) officials to immediately stop the demolition. The court will make a decision on April 15 after reviewing the officials’ responses to determine if they complied with all rules and regulations.

Fahim Khan, a city leader of the Minorities Democratic Party (MDP), was arrested on March 19 in connection with the communal violence that recently erupted in Nagpur following a protest by right-wing outfits who demanded the razing of Mughal emperor Aurangzeb’s tomb. Accused of leading a protest that spiralled into chaos, Khan has since been in police custody.

According to a notice issued earlier by Nagpur Municipal Corporation, only two illegal portions of 43.24 sq m on the ground floor and 43.24 sq m on the first floor of Khan’s house were to be demolished. Security forces were present at the spot to maintain law and order.

Speaking to reporters, Harish Raut, Assistant Commissioner of Ashi Nagar Zone, however, said the illegal construction spanned nearly 1,000 sq ft and the action was taken after they received a letter from the Nagpur police. There were also orders from senior authorities, he added.

Raut said the illegal construction was in the name of Mehrunnisa Shamim Khan. Its blueprint was not sanctioned and a notice was issued to the family that action would be taken in 24 hours, he stated, adding that a JCB and a Poclain machine were used for the demolition. The family members had already vacated the house and were not seen on the site.

Sanjay Patil, Additional Commissioner of Police (Crime), Nagpur, said Fahim Khan’s house was demolished due to illegal encroachment.

“The police took care of all the security measures while civic authorities executed the demolition. One assistant commissioner of police, one deputy commissioner of police, 15 officers and over 150 police personnel were a part of the security team. This also included two State Reserve Police Force (SRPF) platoons and two Riot Control Police (RCP) platoons. The entire action was conducted peacefully. Normalcy is gradually returning to Nagpur and the police security measures will remain in place,” he said.

Advocate Ingole said that after issuing a notice of demolition, actions cannot be taken within 24 hours and house owners must be given at least 15 days to respond to the notice.

“The officials concerned will be held responsible for restitution of the demolished property at his/their personal cost in addition to payment of damages”, said Ingole, referring to the Supreme Court order.

Ingole stated that when the court reviews the officials’ response on April 15, any identified issues could lead to a contempt case being referred to the Supreme Court. The court specifically stated that if more such demolitions occur, officials would be summoned, added Ingole.