Bahraich demolition notices: Don’t take any action that is against law, HC tells UP govt

LUCKNOW The Lucknow bench of the Allahabad high court on Wednesday, while hearing a plea challenging the proposed action to demolish properties belonging to the accused in the October 13 Bahraich violence case, orally asked the UP government not to take any action which is not lawful. The court also added that a proper survey and demarcation must be done as per relevant laws before any demolition is undertaken.

Listing the case for November 11, the court sought reply from the state government on various points in the matter and provided time to the petitioner to file objections on it. Meanwhile, people of Maharajganj market in Bahraich have relief from demolition till November 11.

This observation and order by a division bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi came while hearing a public interest litigation (PIL) petition filed by the Association for Protection of Civil Rights.

The petitioner sought directives to restrain state authorities from proceeding with the demolition of properties belonging to individuals from a particular community in Bahraich.

The court sought a reply from the state government as to whether it undertook a survey to ascertain if the people who had been issued notices are the real owners of the property or if some of them are just tenants. It also asked the state counsel as to whether the notices were issued by the competent authority or not. The state has been directed to file its reply on these points by November 11.

Additional advocate general Vinod Shahi, along with chief standing counsel Shailendra Kumar Singh, appeared for the state and assured the court that action will be undertaken as per law.

On October 23, the court had granted two more days to the state counsel to file a detailed affidavit (reply) indicating therein the relevant details, which had been sought to be explained by the order dated October 20, 2024. The short affidavit was filed by the state government in this regard. The court provided time to the petitioner counsel to file his rejoinder affidavit to the short affidavit.

Last month, authorities in UP had pasted notices on the houses of a man accused in the Bahraich violence case and 22 others, asking them to remove illegal constructions within three days. Among those on whose houses the notices were pasted included Abdul Hameed, one of the five Muslim men accused of fomenting violence in Bahraich earlier this year that led to the killing of 22-year-old Ram Gopal Mishra.

Violence and arson had rocked UP’s Bahraich, a day after Mishra was shot dead and four people injured during Durga Puja idol immersion, amid allegations that the clashes were stoked by inflammatory songs during the procession in Muslim-dominated areas, stone-pelting from the houses in the locality, and a bid to take down a green flag.