New Delhi: The Supreme Court on Wednesday deferred a hearing for July 13 on a plea filed by Jamiat-Ulema-i-Hind seeking directions to the Uttar Pradesh authorities to ensure that no further demolitions of properties are carried out in the state without following due process.
The Vacation Bench of Justice Suryakant and JB Pradiwala on Wednesday deferred the hearing after noting that the affected party has already moved to Allahabad High Court and heard the matter yesterday and tomorrow is also a hearing scheduled. And the affected party/Parveen Fatima, wife of Javed Mohammed, has expressed her wish to pursue her own case.
Earlier, Uttar Pradesh Government had informed the Supreme Court that recent demolitions of properties carried out in the state were done following due process & were in no way related to taking action against persons accused of rioting. Govt has taken action against rioters as per a different set of statutes, the UP govt stated.
It was only after due service and providing adequate opportunity under Section 27 of the Act that the illegal construction was demolished by the Prayagraj Development Authority on June 12, 2022, after following due process of law and the same had no relation to the incident of rioting, " the UP government submitted.
UP govt submission came in an affidavit filed in response to Jamiat Ulama-I-Hind's application against the recent demolition drive in Uttar Pradesh. Uttar Pradesh government, in its affidavit, urged the Court to dismiss the Jamiat Ulama-I-Hind's application saying that it is without merit.
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Blaming the petitioner for cherry-picking including one instance of demolition of the house of one Javed Mohammed in Prayagraj, UP Govt said the process against that alleged unauthorised construction had been initiated much prior to incidents of rioting. Uttar Pradesh government stated through an affidavit that in so far as taking action against the persons accused in rioting, the State government is taking stringent steps against them in accordance with a completely different set of statutes.
UP govt has also apprised the top court that recent demolitions have been carried out by the Local Development Authorities, which are statutory autonomous bodies, independent of the State administration, as per law as part of their routine effort against unauthorised/illegal constructions and encroachments, in accordance with the UP Urban Planning and Development Act, 1972.
Uttar Pradesh Government has taken strong exception to the attempt by the Petitioner Jamiat Ulama-I-Hind to name the highest constitutional functionaries of the State and falsely colour the local development Authority's lawful actions strictly complying with the UP Urban Planning and Development Act, 1973, as "extra-legal punitive measures" against accused persons, targeting any particular religious community.
Earlier, the Supreme Court sought the response of the Uttar Pradesh government on pleas by Jamiat-Ulama-I-Hind and also asked the administration to follow the process of law for carrying out the demolition of alleged unauthorised structures. Jamiat Ulama-I-Hind has filed an application seeking to issue directions to the State of Uttar Pradesh that no precipitative action be taken in the state against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punitive measure.
The application by the organization Jamiat Ulama-I-Hind has also urged the Court that any demolition drive that the authorities are planning to carry out in Kanpur District should stay during the pendency of the instant writ petition. (ANI)
